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Siva (other)     12 June 2012

Grandfathers property share

My grandfather built a house around 500 sqyds in a prime location.

- He has 6 sons and 5 daughters all are married and having childrens...
- of which 1 daugther and 3 sons are died...
- All grand chiildrens are major...

Now everyone (uncles and aunts) wants to maintain the property and keep as is, except one..  we tried to offer the money and everytime he is demanding more what we are offering... he is threatening that he will go to court and file a suit demanding his share... if he goes, what will happen? How can we solve this issue... Please let me know. Thanks.

Will the daughters has rights on the house? They all born before 1950.
 



Learning

 15 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 June 2012

Since they are the class I heirs of the grandfather they all (sons and daughters of the grandfather) have equal shares in the property even if they were born before 1950. The one who wants his share can go to the court and the others may offer to purchase his share. 

1 Like

Siva (other)     12 June 2012

Archana, Thank you very much for your quick response... We tried to offer the money, but he is demanding more what we are offering... Also as I said the house is in Prime Location, when he go to the court, what value will the court consider, is that the market value or the govt value?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 June 2012

The Market Value (Circle Rate + Contemporary Equivalent Sales) are considered. The property being a dwelling house the other co-heirs have definitive right to buy out the share of that willing to sell. If he does sell it to somebody else then also your right to premption stays and the stranger can neither get joint possession nor partition of the property (S.23 HSA/S.44 TPA/S.4 P.A)

 

Feel free to talk !

Adv Archana Deshmukh (Practicing Advocate)     12 June 2012

Market value of course. The other heirs can show the court their willingness to purchase his share. If the others are ready to pay him the market value of the share then, the court will not allow him to sell it to any third party.  

Siva (other)     12 June 2012

Bharat, Thank you for clarification...

Siva (other)     12 June 2012

Thank you once again, Archana!

waman sarre (owner)     14 June 2012

Me and my father have differences and now im staying alone and away from my family.

We have ancestral property which is not yet devided between my father and his 2 brothers.

But im in need of my share, can i get share in this property now im 30 year old and my income is not big and im in trouble.

 

please help in legal aspect.

Adv Archana Deshmukh (Practicing Advocate)     14 June 2012

@ waman sarre,

You can file a suit for partition.


(Guest)

@ Waman

 

You can cull out your share in the ancestral property by filing a partition suit.

waman sarre (owner)     15 June 2012

archana mam thanks for reply, the property is so old but its been already devied between my grandfather and his brothers, but yet not devided in between my father and his brothers, shall i get my share????

waman sarre (owner)     15 June 2012

And if yes,

What will be the procedure for same?????


i dont want to make big sin in famely but i want my share.....

Adv Archana Deshmukh (Practicing Advocate)     15 June 2012

If you do not want to create any scene in the family it is better to resolve the matter at the family level. However, you can contact a local lawyer and give legal notice to the co-sharers demanding youir share. If they are ready to give then ok else file a suit for partition in the court.

waman sarre (owner)     17 June 2012

archana mam thanks for reply, the property is so old but its been already devied between my grandfather and his brothers, but yet not devided in between my father and his brothers, shall i get my share????

And to whom i have to give legal notice to????


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