Dear Experts,
My Grand Father had 10 acrs of land. He had three sons and five daughters. He was died in the year 1970. After that the property was look after by the last son. Now if they want to distributed it what are the legal aspects.
Regards,
PBS KUMAR (HR - PROFESSIONAL) 12 December 2013
Dear Experts,
My Grand Father had 10 acrs of land. He had three sons and five daughters. He was died in the year 1970. After that the property was look after by the last son. Now if they want to distributed it what are the legal aspects.
Regards,
Kumar Doab (FIN) 12 December 2013
It is believed that deceased was Hindu and Hindu Succession laws shall apply.
The wealth of the deceased should be equally divided amongst legal heir.
All of the legal heir should sit proceed for amicable partition of the estate. It is again believed that all of the sons and daughters shall agree to distribute despite the difference in opinions and reference to customs and school of faith in your state.
It shall be appropriate to show all documents and records to a competent and experienced lawyer specializing in such matters and well versed with your line of faith/ school in Hindu law, its descent and distribution and proceed carefully under the expert advice of your lawyer.
T. Kalaiselvan, Advocate (Advocate) 12 December 2013
If it was a self acquired property of the grandfather, all his legal heirs namely, three sons and five daughters are eligible for equal shares in the property left behind him as intestate. If any of the said legal heir is no more now, his or her legal heirs will be entitled to his or her respective share to be distributed equally among the heirs of the deceased heir. A simple way is to partition the properties amicably by compromises if need be because a partition suit to be decided by a court of law will take atleast another five years for disposal accordingly.
Section 8 of the Hindu Succession Act, lays down the general rules of succession in the case of males. It states that the property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class I of the Schedule. The Class I heirs include the Son, daughter, widow, mother and so on. As per the facts stated by you, the property of your grandfather would be divided equally among his children.
Therefore, the 10 acres of land belonging to your grandfather, would be divided equally into 8 parts. If your grandmother is alive, she is also entitled to an equal share in the property.
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-Regards
Advocate Pooja
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