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Shankar (Self)     09 September 2014

Ancestral property details not being disclosed

We are a Hindu family. Our grandfather passed away leaving behind X acres of agricultural land to his three sons A, B, C without registering some or any of it on anyone's name.

The smallest of the three sons C is the only one alive now and he is not disclosing any details to us the sons of deceased A and B. He is also threatening that he has all the rights to share the property as per his wish. Is it legally possible for him to divide the common property on his own without our interference? Thank you.



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 3 Replies

Kumar Doab (FIN)     09 September 2014

The legal heirs of a Hindu Male died without leaving a WILL are:

Class I relations 

 

  • Son/Daughter
  • Widow
  • Mother
  • Son/Daughter of a pre-deceased son 
  • Son/Daughter of a pre-deceased Daughter
  • Widow of a pre-deceased son
  • Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
  • Widow of a pre-deceased son of a predeceased son

Since ClassI relations are present the estate shall be equally shared against them........................C, sons of A and B........................

 

Spend some quality time at the location and you can find out the full details from neighbourhood, Patwaari....................................etc.

Your lawyer can help you to locate and also to file for partition thru court.

Shankar (Self)     10 September 2014

Thank you. So I take it that my Uncle can't be a dictator and he just holds 1/3rd right.  

Kumar Doab (FIN)     10 September 2014

Generically speaking it seems so.

Online discussions have its own limits.

 

Let it be opined by your lawyer that has examined all of the docs on record and merits in your favor.


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