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machindra patade (Deputy Manager)     26 October 2010

Distribution of ancestral agricultural land as per Law - Que

Dear All Experts,

Request your views/comments on distribution of ancestral agricultural land as per Law which will help to settle the 7/12.

Below are the few details.

1> Grandfather have two sons and two girls

2> first son claimed for his share in the ancestral agricultural property ( 1987 )

3> Then later on Grandfather died making no will ( around 1991 )

4> Then first son got the 1/3 share from the grandfathers property. ( 1995 ).

5>  Then first son prepared fake will of grandmother of her share of 1/3 on his wife name and also added her name in 7/12  ( grandmother was 98 yrs old at that time )

6> Second son applied/claim for equal distribution of property ( 1987 )

Have the below queries on all above matter.

1> Is first son have the right to claim the property even the karta(grandfather) is alive ?

2>  Need to know how the ancestral property will get distributed in the below case/details.

Grandfather  - died without making will - around 1991

Grandmother - died around ( 1996 ) but first son prepared fake will of her share on his wife name.

first Son - alive

Second Son - alive

Third Girl - alive

Fourth Girl. - alive

will appreciate if some one advise on the same.

 Regards

Machindra



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

Was there any partition during the life time of grand father? If not how come Ist son claimed his share. If already there is a partition then son and daughters can claim their share in the grand father's property along with grand mother. If it is fake will then challenge it in the partition suit by filing a suit for general partition and seperate possession. Burden lies on the First son to prove the will and also on those who challenges it.
1 Like

machindra patade (Deputy Manager)     26 October 2010

Dear Rajeev,

Thanks for your valueable response.   There is no partition during the life time of grand father.

Don't know  how come 1st son claimed his share. Not much aware about the same.

Not clarified on the below stuff from your response.

1>  As of now currently on 7/12 there are names of first son , second son, first son's wife name, third girl and fourht firls name is there.  Now need know how this will be seperated. And how we need to proceed to make it correct .

2> is grandmohter have right to make will of her share ? if yes then how much ? ( her share )

3>  Would like to know the share details for the given members. Even if we consider the grandmother's will.

Grandfather  - died without making will - around 1991

Grandmother - died around ( 1996 ) but first son prepared fake will of her share on his wife name.

first Son - alive

Second Son - alive

Third Girl - alive

Fourth Girl. - alive

Thanks for your valuable given time.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

                                                                       zeneology

                                                                              :

                                                                        Grand father ( died 1991)

                                                                              :-Grand Mother ( died 96)

                 ____________________________________________________________________

                 :                                            :                                                           :                                                   :

                son                                  son                                                     girl                                                  girl

              If grand mother was alive she could have been entittle for the 1/5th share.  She is now no more so there is only 1/4th share each will get.

             Grand mother can make will of her share, but you said it is fake will so contenst the case.

                                                                  

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

Zeneoloyg I had typed correctly but after submitting instead son it is girl.

1 Like

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