priya (housewife) 25 August 2010

property share

need one more clarification regarding the property share.
we are 8 children(3 sons ,5 daughters) for my dad. He has not made any will before his death. after his death my brothers shared all the property (in 1993) among them and they registered it. one acre of land is in my dad's name. now my brothers are about to sell the land. Whether we 5 have share in that property? is my fathers grandson also have share in it? please clarify.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 25 August 2010

All the three sons and five daughters have equal share in the properties. The grandsons have right in the property in their own capacity only if it is the ancestral property.

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Rajeev kulshreshtha (advocate) 25 August 2010

your share in property is 1/8 and you can file a suit for partition and seprate possession . your brother cannot sell your share and he can sell only his share if he is doing so you can stay against him. the grandson get share only in ancestral propert

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Rajkumar Tiwari (Lawyer) 25 August 2010

As you mentioned that your father had not made any will it clears that you all have equal rights on your Father's property. If your brother want to sell that property without consent of all of you, you all or even you also have a right to challenge it in the court to take a remedy.

A.VIVEK ADVOCATE (ADVOCATE) 07 January 2011

I AGRE WITH ADVOCATE ARCHANA

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 07 January 2011

Dear Priya,

You have not specified when ur father has died and so far you have not raised your voice to have share in the property of your father right from 1993. Being 1st class heir you have not taken any steps for cancellation of such partition deed executed among ur brothers itself.

Hence, it is required to dealt the case very careful to achieve ur share by filing a suit for partition along with condone delay petition and there is possibility to win the case.