Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shanraj (Software)     28 September 2014

Grandfather land - equal?

5 Acres land is in my Grand father's name. He died 3 years back itself. After him, does my Grand mother has full rights to handle or partition the land? Land not registered in her name.

They have total 4 Sons and 3 Daughters. How to partition land among them.. Do they have equal rights.?



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 September 2014

all the legal heirs of your grandpa having equal rights over the property if he died intestate.  it may be advised, to partition the properties between all the legal heirs in equal or un-equal as decided by mutual consent or by elders.  it is an advice only

Kumar Doab (FIN)     28 September 2014

It is believed the deceased was Hindu and Hindu succession laws shall apply and deceased has not left any WILL.

Agriculture land is state subject.

You may go thru another thread at:

https://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp#.VCgPN2eSwb8

Valuable advice of learned experts is sought in above thread also.

 

If state rules provide share to married daughters in agriculture land then all ClassI legal heir: spouse, 3 sons, 4 daughters (married) have equal rights.

Consult a local lawyer well versed with state laws.

 

 

Shanraj (Software)     29 September 2014

Thanks Mr. kavksatyanarayana and Mr. Kumar Doab.. 

I would like to add more details.

We are Hindu - from Tamil nadu - and the land is agriculture land. 

Land was bought on 1962 by my Grand father - At that time he had only 3 children.

My Grand father died without leaving any will

1st child is daughter 

2nd is is daughter

3rd, 4th, 5th, 6th are Sons

and last is daughter

ALL ARE MARRIED

And my questions are:

1.Does all of them has equal rights over the property.?

2.After my grand father my Grand mother has full rights to decide the partition, right.? or any others have those rights?

3.If there is equal rights, The land should be partitioned equally? or is it my Grand mother's will.?

4.As my Grand father had only 3 children while buying that land, do we need others signature to sell the land or Can my Grand mother sell the land without any children's signature?

"All I think of is equal share but others make it worse" - I am the son of first daughter - Looking for your help

Thanks in advance...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register