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Manoj (abc)     16 November 2013

Ancestral property division

The property in question is in the name of my grandfather who died in 1980 without writing a will.

He was survived by his wife, 2 sons and 2 daughters. His Wife (My grandmother) died in 1987 also without writing a will.

a) 1st Elder Son (My Uncle) died in 2011 without writing a will and he had no children. His wife  died in 2007 without writing a will.

b) 2nd Son (My Father) died in 2003 leaving behind his wife and 3 children (2 sons and 1 daughter).

c) 1st daughter (My Aunt) is married.

d) 2nd daughter (My Aunt) is married.

How the property will be divided among the 3 parties ie our family and my father's 2 sisters?

I consulted 3 lawyers each of whom gave different opinions.

Opinion - 1) 

The Property shall be divided equally in 3 parts.

1st daughter(33.33%), 2nd daughter(33.33%) and 2nd son's wife and children(33.33%))

Opinion - 2)  

My grandfather died in 1980. Married daughters (My 2 aunt's) do not have any right to claim on property of the their father as Hindu Succession Act Amendment came in 2005 which entitled married daughter share in father property.  My Uncle (Elder Son) and his wife died after 2005 without writing a will and had no children. so my aunt's can only claim the share in their elder brother's property.

The property shall be divided in 3 parts: 50%(2nd son's wife and children), 50%(share of elder brother between 2 sister's equally - 25% each)

Opinion - 3) 

The Property shall be divided in 3 parts. The share of died brother (My uncle - Elder Son) will be distributed equally among his 2 alive sisters as sisters will be the legal heirs.

(1st daughter(25% + 12.5%), 2nd daughter(25% + 12.5%) and 2nd son's wife and children(25%))

 

Kindly give me advice on the above matter.

Thanks



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