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sudheendra (Project Manager)     16 August 2012

Grand daughter's right on grandfather's property

Hello experts,

I have a question. My grandfather is deceased and time has come for property distribution. His wife is still alive and he has 2 sons and 3 daughters, elder son being my dad. We are 2 daughters and a son, I am the youngest daughter. And unfortunately even my dad is deceased and my mom is still alive. Now that the property is ready for disposal, am I eligible for property? And what is my share out of the total or whatever is part of my mom is getting?

Thanks for your help in advance,

Supriya



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 August 2012

You have a share in the property. Your father is entitled for 1/6 th share in the property. His share will be divided between you, your mother and your siblings. So, your share comes to be 1/24 th of the total property.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 August 2012

Your father was entitled to 1/6th. That 1/6th would be equally divided between you/your siblings and your mother, each share turns out to be 1/24 of the total property. 

2 Like

sudheendra (Project Manager)     16 August 2012

Thanks both,

my problem here is, my brother is forcing my mother (and my mother will do whatever my brother says) to give my share. how can i claim my share? please let me know what approaches can i take.

Supriya

Adv Archana Deshmukh (Practicing Advocate)     16 August 2012

Try mediation of relatives to help you get your share without any legal battles. If this does not work, then file a suit for partition to get your share seperated.

2 Like

sudheendra (Project Manager)     16 August 2012

again Archana,

do I have to sign on the registration papers? if yes, can i say that i will not sign till i get my share?

thanks much,

Supriya


(Guest)

Your grandfather has 6 legal heirs, with your father being one of them. Since your father is dead, his share will devolve equally on all his surviving legal heirs, i.e. his widow and children. Hence, you have 1/24 th share in the property. Your share in the property is indefeasible. If your brother is attempting to usurp your share, you are at liberty to file a partition suit to cull out your share. You should not sign till you get your share.

2 Like

siddesh (other)     23 April 2015

Hello experts,

kindly advice.

my grand father, father purchased 13acress agriculture land in andhra pradesh, after he expired my grand father got 13acress,my grand father had 2sons and 5dayghters,he distributed his 13 acres for his 2sons

with mutual understanding at that time he not given any share for her daughters,then my grand father expired in 1993,after that my grand mother given an application for MRO to issue the passbooks for her 2sons.now the 2sons has got their patta and passbooks in their name in equal ratio.

at present daughters are planning to come for share,so please let me know if they have share on the property ,still my grand mother is alive if she write any will saying that property is only for sons then it will be acceptable.

looking forword for your favourable response.


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