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vinam (human resources)     07 September 2011

Inheritence

 

Dear Sir
 
I am writing to enquire regarding inheritance that my father and his brother are entitled to after their fathers death and mothers death. The property belonged to my grandmother. She left a written document, not a will, that the property will be passed to her 3 sons as the 4 daughters have  signed a no objection paper relinquishing their rights to the property. The property is a 3 grounded property in which a building is raised in 2 grounds and one ground is vacant for parking. Kindly please let me know how is the property/land divided between the heirs and what portion is given to which heir. My father is the elder son, then the middle sons widow and younger son.


Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 September 2011

If all the daughters have validly relinquished their share [as ur grandmother have not made any will] then, the property shall be equally divided between the 3 heirs i.e, ur father, middle son's widow and the other son. How the property should be divided depends upon the understanding between the co-sharers, they can divide the property as per their wish each getting 1/3rd share.

vinam (human resources)     07 September 2011

Thank you very much indeed for you quick response to my enquiry.

But the problem is they are not co-operating. Could you kindly advice when they divide the property which portion will be allocated to which heir. say like the property is divided into three, the first portion is vaccant followed by the second portion and third portion which has a building. On discussing this issue i have been advised that the elder son gets the first portion of the property, which in this case the vaccant portion and the second portion will go to the middle heir and the third portion will go to the younger heir. Is this correct ? and if so where can i find this in black and white or in print.

Adv Archana Deshmukh (Practicing Advocate)     07 September 2011

This is not true.


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