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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.



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     28 August 2025

Your children are entitled to a share out of your share in the property equally at par with you.

Therefore you and your sister can partition the property into two shares by a registered partition deed and thereafter you can partition your share of property with your children.

The share allotted to your sister will become her own and absolute property hence her children don't have any rights in your sister's share of ancestral property.

Dr. J C Vashista (Advocate )     28 August 2025

Presumably you are professing Hinduism, hence both of you (yourself and your sister) are equal share-holder of the properties left behind by your father.

Children of both of you has no right, interest or claim in the properties of your father.

It would be better to draw a registered family settlement amicably.

Advocate Bhartesh goyal (advocate)     28 August 2025

Children of both of you and your sister have no right to  claim any share in properties left by your father. 

You and your sister have equal share in properties left by your father better executed register family settlement..

kavksatyanarayana (subregistrar/supdt.(retired))     28 August 2025

You and your sister have an equal share in the property and go for partition deed.

Subramani (Farmer)     28 August 2025

thank you sirs

Dr. J C Vashista (Advocate )     29 August 2025

You are welcome for understanding and appreciation.

P. Venu (Advocate)     31 August 2025

Facts posted do not suggest the property to be ancestral. Grandchildren of the deceased have no rights over the property.

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh )     31 August 2025

Here since the property is ancestral the normal succession rules will apply it will go to class one heir only that means to you and your sister grandchildrens have no right to inherit as of now.


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