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Subramani (Farmer)     28 August 2025

Ancestral property succession open - rights of grandchildren while parents are alive

Esteemed sirs.

I humbly request your kind clarification regarding the partition of an ancestral property.

Last month, my father passed away intestate, leaving behind ancestral property. He has so siblings and is the sole owner of the ancestral property. He is survived by two children – myself and my younger sister. My mother had predeceased my father. I have one son and one daughter, while my sister has a son.

We now wish to partition the ancestral property in a good and friendly manner. In this regard, I have the following queries:

  1. Is it necessary to include our children in the partition of the ancestral property? Are they coparceners now and have right on the property for paritition when I and my sister are alive?
  2. Will it be sufficient if the partition is carried out only among the Class I legal heirs - I and my sister? How is the succession of inheritance open after our father's demise?

Kindly advise sirs.



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