Who are the share holders in father's property

you have mentioned about two types of property. i.e. ancestral and Personal property.

if it is an ancestral property then let us know whether your father had any brother or sister??? they shall also have right in the said property.

as far as the property of your father is concerned, the property shall be divided among three children and his wife only. if the property is registered in the name of your mother then she would decide how to divide the property.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Your father's share in the ancestral property + property acquired by him by his own efforts shall devolve in four equal parts to children + widow. The part of each child shall in turn be equally shared within his branch with his children. 

Bharat Chugh - Advocate Supreme Court of India

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@Querist,

1.Your niece too has share in ancestoral property.

2.your father's property,if he died intestate,will be divided in equal share among your siblings,you and your mother.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Thanx Sir to all of you for your advise. My father has done title partition deed from his brothers & sister. There is absolutely no problem from my cousins. The problem is he had not made any will and all the property is in his name. After 7years of his death we want to do partition among us 2 brothers, 1sister and my widow mother equally in 4 parts. But my brother wants to divide it in 6 parts equally in the ansectoral property which includes 2 part for his daughters. My niece should get the share from his father part(my brother's part )? or they had the share in all & we will have to divide in 6 parts?

@Querist,

Your father had two types of property.

1. Ancestoral property.

2.Self-earned property.

As per your facts given, you first have to make a clear categorization of the whole property. When you succeed in categorization, following things should be noted in relation to your query-

1. Divide ancestoral property among all grand-sons or grand-daughters. There is no share of any other person in your context including your mother.

2.Divide self-acquired property of your father in equal parts among all the direct antecedents of your father.Your mother too gets a part in equal proportion in your father's property.

Hope that's sufficient to feed your current query.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Once a partition deed is done, the property is considered acquired for your father and his descendants. So all property is acquired in this instance. If no will , then all your father's property gets divided equally between his first line heirs only which are his own children and wife...so 4 parts only. The grandchildren... yur nieces... only enter the picture if your brother was dead. So your brother is wrong to want parts for his daughters and not according to law. He can however, remove himself as a partee and directly give his share to his daughters in writing if he so chooses.. He has to relinquish his share to them in writing.

@JJlisting,

As per your PM sent to me, I am trying to entertain your request.

Ref-Smt. Dipo vs. Wassan Singh &ors[1983 AIR 846]

Read the following lines in the decision(File attached)-

If A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son,son’s son, or son’s son’s son in existence at the timewhen he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he
pleases .......... A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.

In the present case, Father is dead,therefore the next owner becomes the son & siblings(if applied).What is to be emphasized here is if a son/sons/daughter/daughters is/are alive,the father has no absolute right over ancestral property.Also please put special emphasis on the underlined words above.

Hope that's sufficent to feed your quest.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,