Mahi (Internet Marketing Expert) 24 April 2014

Grandfather's Property Distribution

My grandfather died few years back. There is no will written by him.

Property Left:

1 Shop (closed - not running)

1 Plot

1 House ( Widow grandmother & 1 uncle is staying there)

Family Structure of Grandfather:

- Wife (Widow)

- 3 Sons (Alive)

- 1 Son (Dead) : Left Single Wife & One Son (Me)

- 1 Daughter (Alive) (Married)

- 1 Daughter (Dead) : Left Two Daughters (married) & one son (dead)

Queries :
1. How this property will be distributed & who can ask & claim the partition?

2. What is the status of the daughter who also died but left two married daughters. Are they eligible to claim on this property & if yes then what would be their percentage share?

3. How can I ask for partition & claim on this property and what will be the share percentage of us (me+my mother)?

Reply Follow

7 Replies

Adv Archana Deshmukh (Practicing Advocate) 24 April 2014

You & your mother can file a suit for partition and claim the share of your father in your grandfather's property. The property will be divided in 6 equal shares of widow and 5 children. The deceased child's share shall go to his legal heirs.

Mahi (Internet Marketing Expert) 24 April 2014

Originally posted by : Adv Archana
	You & your mother can file a suit for partition and claim the share of your father in your grandfather's property. The property will be divided in 6 equal shares of widow and 5 children. The deceased child's share shall go to his legal heirs.

Thanks Archana.

Can you please elaborate this 6 equal shares as 3 sons & 1 daughter are alive and 1 son & 1 daughter died.

widow grandmother + 3 Sons alive +1duaghter + 1 deceased son's wife/child (us) + 1 deceased daughter's children = 7 shares

Mahesh R. Sonawane (Lawyer/Fight for justice) 24 April 2014

If marriage of daughters are before year 1995, then shares are different...

it goes by theory of Notional partition...as per s. 6 of Hindu Succession act.

if not then 1/7 th share to each, as all are class -I heirs.

Mahi (Internet Marketing Expert) 25 April 2014

I am not getting the clear answer in simple language :)

Adv Archana Deshmukh (Practicing Advocate) 25 April 2014

The property shall be divided equally between the widow and all the children each taking one share. If there are 6 children + widow then, 1/7 to each. There was a mistake in reading the number of children. The share of the deceased child will go to his/her legal heir. In your case the 1/7th share of your father shall be equally divided between his class I heirs i.e. his wife, children and mother. I hope this is clear now.

Gaurav (Personal Assistant) 29 April 2014

My mother and father got divorced when I was 3 years old and my brother 6 years old. We have been brought up by grandparents. My grandparents got expired in the year 2006. My grandfather has three sons and one daughter. My grandfather had made a will but it did not got registered and is lying with my father's sister (Buaji). My other uncles(Chacha ji and Taya ji) say that they are not going to distribute the property as mentioned in the will. Every now and then they try to force me and my brother to vacate the premises of the house. I along with my brother are staying in the house for the past 40 years. Now my uncles have started forcing my aunt (Buaji) too to sale the whole house. In the will my grandfather has mentioned that the share of my father should be given to me and my brother and have debarred any distribution of property to my father. Both my uncles are very rich. The even have given me threat that they will kill us if we do not vacate the property. Also I am depositing the House Tax and Electricity Bill since the year 2006 onwards till date. My brother is solely dependent upon me. A part of land adjacent to my granfather property also comes in our boundary wall. In the year 2005, my granfather built a two room set to aid my brother financially by keeping tenants in it. This portion of land is under our possession and has nothing to do with the registered property. They even insist to sale out this portion also. Would you please like to elaborate what steps shall be taken.

Regards,

Gaurav

vipul (Asst. manager) 01 May 2014

Dear Sir/Mam,

My mother's father died in 2009 and he left some land behind him.

Family structure of Him.

1 Wife

1 Son

1 Daughter

Many years before he died, some of availble land he has given to his son only without taking agreement from my mother (his daughter) and when we got to know that we suited a case against it in 2001 and unfortunetly that is still going on in civil caurt and they (My mama) has been taking benefit for 13 - 14 years. I am very confused about what to do now. please, suggest how we can get our share? waiting for guidance.....