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Kotaiah (SE)     18 April 2014

Grand son rights on ancestral land

Hello Sir,


Mr. A is having agriculture land. He has 1 son (B) and 3 daughters(C,D,E). Mr. B married a daughter [Ms.F] of Mrs.D. Mrs.C died without any kids. Mr. B done the formalities for Mrs.C. However Mr. B adopted, without registration, his nephew (Mr.G, brother of Mrs. F). All [B,C, D and E] are dead by 2009.

In 1995, Mr.B Divided the property and given some to Mrs.E without any registrations. In 2011, Mrs. F registered land to Mr.g.

Now Son (Mr. H) of Mrs. E filed a case against the Mr. A's property.  Could you please tell about property distributions if it happens?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 April 2014

Upon A's intestate death, his legal heirs b,c,d and e are entitled to equal share in a's property. Now, upon c's  death and she having no legal heirs behind her, the property will be divided into three shares among b, c and e.  Therefore, E's son claiming a legitimate share in the entire property is valid but  in that case the property allotted to his mother E will also be put together for partition on a whole.

Kotaiah (SE)     21 April 2014

Thanks Sir...


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