I need some legal advice regarding division of property. This is our case:
My late father has 13 cents of land and house which is solely in his name (this was not given to him by his father). He has 2 sisters and his mother is still alive. My father died all of a sudden and he didnot write any will. I have a younger sister too. My question is
- I know that there is a law which states that after the son's death , his mother has a share in his property. My doubt is, after my grand mother's death will my 2 aunts also have a share in the 13 cents of land?
My grandfather (father's father) has 1 acre land out of which 50 cents is in registered both in my grandmother and grandafther's name. The rest 40 cents is solely in my grandfather's name. He also didnot write a will when he died. My parents still pays the tax on the 40 cents of land and 23 cents out of the 50 cents. My grandfather has written signed a document in my father's name stating that my father has the right to pay the tax and do whatever he wants in the above said land. Moreover my father had taken a loan on the land and spent around 14,000Rs in 1980 to built a house for my grandmother.
Now my 2 aunts and grandmother wants divison of property and they say that they are not ready to give us any share of the property. Moreover they are asking us to pay them 1 lakh to give a NOC for my father's 13 cents and house. My questions is
- Can we ( me, my mother and sister) claim a share in my grandfather's property since my grandfather never left a will? If so, will the property be equally divided between my mother, me, my sister, 2 aunts and grandmother?
- In the process if my grandmother dies, what happens to the property? Will it go only to my 2 aunts or can we legally get any share?
- Now they are blackmailing us for money and say that they will file a case against us.
I need your opnion since we went to a lawyer and was not satisfied with the answer. I want a second opinion too. Please help.
