GopalKrishna (Engineer) 16 January 2017
My grandfather died intestate,leaving behind a son(my father) and a daughter.My grandmother also died intestate.I am the only daughter of my father.My aunt,i.e,my father's sister,has one son and one daughter.Both my father and my aunt died intestate.Now we have to partition my grandfather's property.
1.Does this mean me and my cousins are part of HUF
2.Can me and my cousins be called as co-parcenars
Kindly clarify.
kavksatyanarayana (subregistrar/supdt.(retired)) 16 January 2017
You and your cousins are co-parcenars of the property. You can divide the property as your share is 1/2, your cousins share is 1/2. If your cousins may devide into two share @ each 1/2 and 1/2 in division of 1/2. i.e. you will get 1/2 share, one cousin will get 1/4th and the remaining cousin will get 1/4 th share. consult an able local counsel.
G.L.N. Prasad (Retired employee.) 17 January 2017
All legal heirs /co sharers of joint family are co-parcenors while the elder remains the Karta, and any co parcenor has right to seek for his share in undivided properties.
Dr J C Vashista (Advocate) 18 January 2017
How do you find it as HUF?
However, intestat property of the deceased shall devolve upon all LRs equally.
Consult a local lawyer for better appreciation of facts and proper guidance/proceedings.
GopalKrishna (Engineer) 18 January 2017
Thanks for the reply Sir.
Can the legal heirs be called co-parcenars if they are going to inherit a joint ancestral property,even if they are not technically considered as members of HUF.
G.L.N. Prasad (Retired employee.) 18 January 2017
For those questions, where answers can be found with details in google search, do not use the forum meant for expert advice.. Just make a google search with key word "Co-parcenar and you can find pages of information.
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