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shweta khandelwal (SENIOR EXECUTIVE )     12 January 2014

Family property dispute

Dear Sir,

My grandfather died on 14.07.1983 and since that time my Grandmother was living with us who expired on 26.11.2012. Property is in the name of My Grandfather and there is no will.My father has 4 brothers and 1 sister.How this property is to be divided?? Since my Grandmother lived with our family Can my father claim for more portion in this ???

Rest all 4 brothers and sister are very well settled. We dont have any seperate property .



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 January 2014

Your father is entitled to 1/6 th share only though your grandmother lived with him. 

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

As it is the property of HUF,Your father is entitled for only 1/6th share of entire property though your grandmother lives with you. If your grandfather sister relinquished her share in favour of your father then he will get 1/5th share subjected to the relinqusement of other legal heirs their share in favour of your father.

shweta khandelwal (SENIOR EXECUTIVE )     13 January 2014

We are presently living in the same house which is to be divided. Rest all brothers and sister have their owned houses. Can we ask for stay in the same home till we acquire some other owned house??

Adv Archana Deshmukh (Practicing Advocate)     13 January 2014

You can even purchase the shares of the other heirs and retain the house for yourself and continue to reside in the same house.

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

Your grandfather's legal heirs i.e., your father, his brothers and sister are all entitled to an equal share in the intestate property left behind by your grandfather.  If suppose any one of your uncles or your aunty would like to give away thier right of share in the property, they can do so by relinquishing their rights through a release deed in your father's favor and suppose if your father would like to buy others share, they may execute a registered share on his name or execute a release deed in his favor. 

Rutumbhara Nayak (lawyer)     17 January 2014

Dear Shweta- 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 land belonging to your grandfather, would be divided equally into 6 parts because along with your father your uncles and aunt will also have an equal share on your grandfathers property.Your father is entitled for only 1/6th share of entire property though your grandmother lives with you. Rutumbhara www.lawkonect.com 09555 507 507


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