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Manjunath (student)     28 May 2014

Land division among brother and sister

Hi.. My name is manju. My grand father has got 10 acres of land which is self earned. He has 1 son and 1 daughter. My gradnd father died recently without writing any will. Now the problem is, my father is ready to give 2 and half acres to my aunt, but she refuses that and she expects 5 acres. My father has two sons, myself and my younger brother. we both are majors.

Do we have equal share on this land as my father and my aunt??

How this land can be divided here among 4 people me, my brother,my father and my aunt???



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 5 Replies

Adv k . mahesh (advocate)     28 May 2014

If it is a self acquired property of your grand father the case is with regard to Hindu family, it there is no will, the Class 1 Heirs of the deceased Grand father will be his widow, all his sons, all his daughters and his mother will get the equal share in the land. And if your aunt marriage is performed after 1980 then only she will be getting the share 

The Grand father had your father and 1 daughter and their legal heirs shall get one share each in the property of the Grand father.

check from your state laws 

Laxmi Kant Joshi (Advocate )     28 May 2014

If your grandmother is not alive then your father and your aunt both are the legal heirs of their deceased father and the 10 acre land will be divided into two equal shares means your father and aunt is entitle for 5 acres land each , you and your siblings are not entitle for any share .

Manjunath (student)     29 May 2014

Thanks for your reply... If My grand father has written some will but it has not registered. how could it will help??

NPKailaasam (ADVOCATE & Management Consultant)     29 May 2014

                 As it was self accrued property of your grandfather.he have full right to write any will regarding that property.whether registered or unregistered it is a valid one.If there is no any will written then Mr LAKSHMI KANTH sugession is correct.

Adv k . mahesh (advocate)     29 May 2014

will registered or not registered is not a problem if it is not registered then the same has to be produced to court and the court will probate the will and the right full owners can transfer the property

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