Family property distribution

Hi! Thank you for the question! According to the Hindu Succession Act, the property that is self acquired by the grand parents devolves on those who the grand parent want it to be acquired by.

However if the property is ancestral, then it is equally divided amongst all the immediate successors of Class I i.e - Wife and Children. If the children are dead, then their calss I legal heirs are entitled to their share(only) of property.

So here the 1 alive son and 3 daughters and the children of the 2 dead sons and 1 dead daughter are legally entitled to the share in the part of property that devolved on their respective parents. Please feel free to ask any more questions.

Which personal law applies in your case?

Or are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Is IT self earned/acquired in the hands of deceased grandfather or ancestral?

The grandfather is maternal or paternal?

The grandfather left a valid WIL or Not?

Have the deceased i.e. your grandfather or any of legal heirs left any valid WILL?

The property is in which state?

Since there is a dispute; what is the opinion of your own very able LOCAL senior counsel of unshakable repute and integrity specializing in succession/civil matters and well versed with LOCAL applicable rules/laws/personal laws that apply and having successful track record…. and worth his/her salt..

Confirm!

Ancestral Property; that is four generation old..in other words any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

Generically speaking; Succession opens on  date of death and IT is time for notional partition ….

Since you have not responded to 1st reply based on Hindu Succession Act and have not clarified the personal law that applies therefore IT is believed  that you are all Hindu..

In case of Hindu male that dies without disposing his self earned/acquired/share in ancestral property by a valid/registered deed in his life time;

The 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death of  Hindu male), Wife (if alive as on date of death of  Hindu male), sons and daughters……………….including the sons and daughters that have predeceased…………….

The share of sons and daughters that have predeceased or have deceased later (after death of their father) their ClassI legal heirs shall have 1st right on share from property of their father..

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………

So if mother and wife of your grandfather were not alive as on date of his death then his 7 children will get equal share…..Share of his children that have predeceased or have deceased later shall devolve upon their legal heirs…as already explained..

If mother and wife of your grandfather were not alive as on date of his death then his 9 legal heirs get equals share.If they deceased without disposing thier share in thier life time then thier share devolves upon thier legal hiers e.g; Mother of Grandfather's share upon her legal heirs,..Grandmother's share upon her sons and daughters...

Instead of disputing prefer registered Family settlement deed with boundaries and close the matter.

Thereafter there can be NO scope for any litigation.