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Pankaj Sharma   08 July 2023

Regarding share in the property

Hi ! There is a dispute regarding share in the property. Grandfather had property in the form of house and three shops. After the death of grandfather, the grandmother made a will in favor of her three sons, namely x, y and z respectively. They are living jointly in that house. Now x has two sons namely Ajay and rahul  and one daughter namely Diya.  According to jamabandi, the property is divided among the two sons namely rahul, ajay, wife of X and brothers of X (i.e. Y and Z) and wife of Y. Now Ajay file a case for partition against Y and his wife and Z . now Can daughter namely  Diya can file a case for her share as  x (his father) alive.



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 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 July 2023

File a partition suit consulting a lawyer.

T. Kalaiselvan, Advocate (Advocate)     09 July 2023

The property of grandfather shall devolve equally on all his legal heirs namely his wife and children.

The wife of deceased appears to have bequeathed by a Will the entire  property to her three children (it is not understood that how she acquired rights or power to bequeath the entire property by a Will in favor of her three sons. other than her share).

Now the beneficiaries of the Will are kllioving jointly in the said property without partition.

Your question is that X partitioned his share in the property or whether the entire property was partitioned in the manner you have described?

Whatever, the properties now belong to X, Y, and Z, hence they can, after partitioning the property, transfer their share of property in favor of the chosen persons, which cannot be agitated by the disappointed person(s).

No children or the spouses of the shareholders can claim any share in the property as a right at least not during the lifetime of the shareholders.

By the way, whether the grandmother is still alive or not

Dr. J C Vashista (Advocate )     09 July 2023

Whether the property left behind by grandfather was his ancestral or self-acquired and intestate or not for forming proper opinion and oblige ? 

How much property has been devolved in the share of grandmother, who is stated to have bequeathed in favour of X, Y & Z ?

What is the property (agriculture / residential / industrial etc. ) devolved in the share of Ajay & Rahul ?

Incomplete and vague facts.

Repeated at https://www.lawyersclubindia.com/forum/regarding-share-in-the-property-230056.asp

Pankaj Sharma   09 July 2023

grandmother is no longer alive

Shashi Dhara   09 July 2023

If Ajay files suit  he has to make Diya as one party ,if not file application to implead Diya as party .

P. Venu (Advocate)     11 July 2023

"After the death of grandfather, the grandmother made a will in favor of her three sons, namely x, y and z respectively" - How could the the grandmother make the Will for the entire property? She  is one among the legal heirs. As such, Will could relate to her undivided sahre in the prperty alone.

"Now x has two sons namely Ajay and rahul  and one daughter namely Diya.  According to jamabandi, the property is divided among the two sons namely rahul, ajay, wife of X and brothers of X (i.e. Y and Z) and wife of Y" - The mutation as stated belies logic, reason and sense. Why such mutation? May be, only selected facts have been posted.

 

Vennerdes   14 October 2023

When it comes to discussing shares in a property, it's crucial to clarify ownership arrangements and responsibilities. Whether it's joint ownership, co-tenancy, or any other structure, open and honest communication among co-owners is key. Clearly defined agreements and legal documentation can help prevent disputes and ensure everyone's rights and interests are protected. It's always a good practice to consult with legal custom writing service for MBA professionals or real estate experts to navigate the complexities of property sharing.


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