Land development - property share

How much big is the house?

Whether partition is possible - Whether the house is big enough that it can be partitioned into three parts - (1) for your father (2) one for your brother and (3) for you?

Otherwise, one should be ready to give the 1/3rd value of the property (without taking into account the portion built by you) to your brother.  

First find out, as to what he wants.  Only then one will be in a position to give some possible answers to your query.

As per your query property was with Great Grandfather.

How property did came to hands of our Great Grandfather; did he buy it from self earned/acquired funds? Or was IT self acquired in the hands of your Great Grandfather?

Your father can be only son of his father i.e. your Grandfather?

While you have posted that your father was only son of your Great Grandfather!

It is also posted by you that your Great Grandfather died intestate!

Is your father alive?

How and to whom did you supply the said money for extension/building? Say; to your father by banking channels? Or can you establish the said extension was with your money and for the purpose to be enjoyed by you alone?

Can’t the said misunderstanding be resolved by and within family with intervention of all in the family or neutral well wishers.

Ancestral Property; should be four generation old…..In other words  acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…….. In other words inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.

Self acquired property may become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Get a copy of mutation records and all link docs and show these to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Revenue/succession/civil matters and LOCAL revenue laws/rules and having a successful track record, give inputs in person, spend quality time on suggestions on your counsel, and decide wisely.

You have posted that all involved are Hindu and Hindu Succession laws/rules shall apply in this case.

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how much share is vested in you (if any).

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

You will come to know if you have a share in undivided property or not, during the life time of your father and/or after the death of your father.

Thereafter you shall realize if IT is worth initiating any litigation or not.

You may try by asking your father to return the money supplied by you for building. However it may sound selfish.

If the house/building is having many floors and land on which the house/building is built can be partitioned then try for amicable means and by boundaries.

Explore the possibility of (amicable) Registered Family Agreement that may leave NO scope for future litigation.

In case the nature of said property as in your query is Self Acquired in the hands of your father then you and anyone else Has NO forced share during life time of your father.

Your father can dispose IT in his life time in anyone’s favor even stranger.

Before you act let everything be clear to you on legal rights, possibilities and try to resolve amicably.