ancestral property casw
aditya
(Querist) 14 October 2016
This query is : Resolved
I am from chhattisgarh,my grandfather had 15acres of ancestral land and he died in 2004,but in government records he is still alive which means that 15acres have not been partioned because of some family issue which has been solved now,my grandfather family presently comprises of the following members:
1. His widow(my grandmother)
2. 1st son
-having 2sons both 18+
3. 2nd son( died in 2010)
-had 2 daughters respect.19 and 10yrs.
-had a wife,now his widow
4. 1st daughter( married)
5. 2nd daughter (married)
So I want to knowhow the shares will get partioned since presently 3 out of 4 grandchildren are majors(18+) and also also my uncle.died (2010)after my grandfather died(2004) but still alive in government records having 15 acres still in have s name.
Ms.Usha Kapoor
(Expert) 15 October 2016
your grand mother would get 1/5 th share as class 1 legal heir. Her 1st son would get 1/4 th and her second deceased son represented by his widow would get his share of 1/5 th in the ancestral property and the two daughters would get 1/5th each of your paternal GRAND FALTER'S PROPERTY. IF YOUR MOTHER IS ALIVE SHE ALSO WOULD GET HER SHARE OF 1/6TH AND ALL HER SONS INCLUDING 2NS SONS WIDOW AND 2 DAUGHTERS WOULD GET 1/6TH share EACH OF THE ANCESTRAL PROPERTY., IF YOUR MOTHER IS NOT ALIVE THEN AS EXPLAINED ABOVE each of you WOULD GET 1/5 TH SHARE AND YOUR GRAND MOTHER WOULD GET 1/5 TH SHARE.if YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON MY PROFILE.Out of 1/5 th share of each, the children would-be distributed property depending upon their numbers.If you appreciate this answer please click the thank you button on my profile.
adv.bharat @ PUNE
(Expert) 15 October 2016
Agreed with expert opinion.
Each will get 1/6 th share if mother is alive.
Kumar Doab
(Expert) 15 October 2016
Which personal law applies e.g; Hindu?
Who bought the land; Grandfather or his forefathers?
Devajyoti Barman
(Expert) 15 October 2016
On death of your grandfather his proeprty gets divided into 1/5th sahre in each branch of his widow and his children.
The each branch of 1/5th sahre gets further divided into equal shares among its legal heirs.
The non recording of death of predecessor in interest does not make any change in division of shares.
R.K Nanda
(Expert) 15 October 2016
Nothing to add more.
Rajendra K Goyal
(Expert) 15 October 2016
How you say that the property is ancestral?
who and when purchased it and how it came in the name of your grandfather, whether his name was entered in record after partition with his brothers?
Broadly agree with the expert Devajyoti barman.
Ms.Usha Kapoor
(Expert) 16 October 2016
I firmly STAND BY MY REPLY GIVEN BY ME YESTERDAY.
