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Param   13 February 2017

Unequal distribution of ancestral property

My grandfather has 3 sons and a daughter. His elder son is my dad. He distributed agriculture land unequally where my dad got 6 acres, 1st uncle got 11 acres, 2nd uncle got 6 acres and my aunt got 10acres. There was 4 acres of land on my grandfather's name which was gifted to my 1st uncle's son without our knowledge in 2015. My grandfather expired last month. Registration was done without passbooks and without our knowledge. We were cheated as we got the least share out of which 1 acre is under dispute with endowment department. Do we have a right to fight for equal distribution or can we fight for the land which was given away to my 1st uncle's son? My father sold 2 acres from the 6 acres given to us and my 2nd uncle sold 1 acre from his 6 acres. This property is my grandfather's father's.


 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 February 2017

1.  Ancestral property can be distributed equally or non-equally amongst the legal heirs, subject to consent and acceptance of the distribution.


2.  Once "distribution accepted with consent", THEN it becomes irrevocable.  Alive person can Gift Deed his "own" property and it seems that while distribution 4 acres was the agreed share of the Grandfather, hence Gift Deed is also final.


3.  However tactful disputes can be created for leverage and negotiation purposes.


Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com


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