vanaja jayaraman 30 June 2021

Partitioning ancestral property

Our property bought by father of our grandfather (ie., 4 generations back)
I want to understand who are all having right in that now if we partition it.

Property is in the name of 4A (father of grandfather)

4A has 2 sons (3A1 and 3A2) and 2 daughters (3B1 and 3B2)
3A1 and 3A2 (both sons) passed away. 3B1 and 3B2 are live.

3A1 has 2 sons 2A1(passed away) and 2A2 live
3A2 has 1 son(2A3 passed away) and 2 daughters 2B1(passed away) and 2B2 (living)
3B1 has 1 son and 1 daughter
3B2 has 2 sons

2A1 has 1 son and 1 daughter
2A2 has 2 sons and 1 daughter
2A3 has 1 daughter and wife living
2B1 has 2 sons and 1 daughter
2B2 has 2 daughters and 1 son

A - Male
B- Female
2 - father's generation
3 - grand father generation
4 - grand father's father

Sorry if its confusing. Now we have the survey nos only. when we check online we found that its in name of 4A. Now we want to partition it but we dont know how to proceed. So please help

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1 Replies

Vasundhara Singh (Student) 02 July 2021

Hello!

The property held by 4A will the ancestral property if it remains undivided and it will dissolve onto his legal heirs if he dies without a will. Ancestral property dissolves up to three generations that will include son, grandson, and great-grandsons and also include the daughters. The shares within the ancestral property are first determined for each and every generation and divided for the next generation.

In your case, first, the property will dissolve on 3A1, 3A2, 3B1, and 3B2 since they are the first generation after 4A and they will get ¼ share each. The property of the above-mentioned generations will respectively be divided among their strips. Property of 3A1 will dissolve among his legal heirs, property share with 3A2 will dissolve among his legal heirs, and so on.

Since 3A1 is deceased, his property will be given to his 2 sons, 2A1 and 2A2 but 2A1 is also deceased, his share in the property will be divided equally among his children.

3A2 is also deceased, his property share will be given to 2A3, 2B1, and 2B2 and since 2A3 and 2B1 are also deceased, their share in the property will dissolve equally among their sons and daughters.

Regards

Vasundhara Singh