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Karan sunil (SR Manager)     28 April 2010

Grandfather property to his grandchildren

i have a house where we live which is under my grandfather's name.My grandfather has 3 children ,1 Son(my Father-who is expired now) and his 2 daughters who are still alive.The house is still in my grandfathers name.my grandmother has also expired .there is no Will for this property. Me ,my mother live in this house only which is under my possession.My 2 aunts(his daughters) and my 3 sisters(his granddaughters) are all married and live in their own houses.My question is

1) How will this property be divided now among my 2 aunts,me ,my mother and my 3 sisters.

2) what does the Hindu undivided act/hindu succession act say in this regard.

3) can a will which is has no witnesses on it hold good.

4) As my father is no more so i ,my mother and my sisters will get only his share or the whole propertynow will be equally divided

5) As this property is still not in anyone's name as grandfather and grandmother has expired ,and lease is also not renewed --will it create problems for me and other grandchildrens

Please advise.



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 April 2010

If your father were alive he would have got 1/3rd share in the property, now he is not more so in his 1/3rd share you, your mtoher and 2 sisters will get equal share.

adv. rajeev ( rajoo ) (practicing advocate)     28 April 2010

Your aunts will get 1/3rd equally.

Karan sunil (SR Manager)     28 April 2010

Thanks advocate rajeev.But i am a bit confused here,someone has told me that now my father is not alive hence the whole property would now be EQUALLY divided between my 2 aunts,me ,my mother and my sisters .

SO instead of only my dad's share we are entitled to equal share of the whole property..is it true

i would appriciate if i get answers to  my other queries as well please..

Anil Agrawal (Retired)     10 May 2010

Your father's share and that of your two aunts is 1/3 each in your grandfather's property. 

Out of this 1/3rd share, you, your mother and your 3 sisters (married, living separately etc. immaterial), will get 1/5th each. Simply put, 1/5th of 1/3rd.


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