Jaffer Shariff 12 May 2020

SHARE PERCENTAGE FROM SALE OF ANCESTRAL HOUSE

Ancestral House is in the name of my grand mother. For my grand mother, 4 children including my mother. ( 3 uncles + My mother)
My mother has expired. My mother has 3 children including me.
Now, what % of share amount, I will get. Is it 6 equal share or 1/3 of 25 % share.
eg. If house sale amount is 65 Lakhs, Will I get 5.41 Lakhs or 10.83

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7 Replies

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.) 12 May 2020

Sir,

You will be eligible for the 1/3rd of the 25% share of the ancestral house.

For further details, kindly read the answers on the forum: https://www.lawyersclubindia.com/experts/What-is-the-definition-of-ancestral-property--263611.asp and see if they help.

Regards

Shreya

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 12 May 2020

If you are governed by Hindu Law.then you will get one twelveth share( one third of the 25% share ) and therefore as per the Sale valuation referred to you,you will be entitled to get Rs5.42 lakh .However if you are governed by any other Law ,then your share will vary accordingly.

P. Venu (Advocate) 12 May 2020

There is no concept of ancestral property under Muhammedan Law; moreover, property opens upon partition, only after the lifetime of the holder. As such, if your mother had predeceased the grandmother you have no right to share in the grandmother's property.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 12 May 2020

If you are governed by Muslim Law(as is evident from your name) then if your grandfather predeceased your grandmother,then your mother will get one seventh share therein because each of your maternal uncles will receive twice the share to which your mother is entitled. You have not specified the genders of your other two siblings and assuming your other two siblings as female,your share will be one fourteenth of the total share.If one of your siblings is female,then your share will be 2/35 th of the total share. If your other two siblings are also male then,your share will be 1/21 th of the total share in the property of your grand mother.

Dr J C Vashista (Advocate) 13 May 2020

Incomplete information leads to oblige you on the basis of presumptions and assumpltion, which may not be correct preposition, opinion and advise.

Whether you are professing Hinduism, Muslim, Christian or any other sect , law differs on the basis of Personal Laws.

G.L.N. Prasad (Retired employee.) 13 May 2020

In other words, contact a local advocate and take his guidance. to know your eligibility for a share after explaining him the facts as he is the competent person to show you the final remedy also.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 May 2020

1. IF Grand Mother is alive, THEN you get ZERO share.

2. IF Grand Mother is NOT alive and has not written any WILL, THEN you will get the 1/3 Share from the Share that your deceased Mother was entitled to. Rest share of Mother will be given in ratio of 1/3 to your other two siblings. Further you will not be entitled to any cash money share as long as the property is not sold.

Keep Smiling .... Hemant Agarwal
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