Ancestral property from grandmother side.

keshav dahiya (Querist) 13 February 2019 This query is : Resolved
Good afternoon Law Experts
My Grandmother( Father's Mother) had some ancestral properties in her name. My grandmother has 2 son's ( Including my father). and no daughter.

She suddenly died without any will.
My Grandfather is living.(My Father's father)

Q1) So, who is the owner of the property now?

Q2) And will the property be transferred automatically to (The next owner) or do we have to go to village and get our property transferred by Tehsildar of village etc?.

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kavksatyanarayana (Expert) 13 February 2019
Your grandmother's children and her husband have equal rights over the property. First obtain death certificate and legal heir certificate from the concerned. If the property is agricultural land then apply to RDO/SDO to enter the name of the legal heirs of the deceased. If building apply to the Local Panchayat/Municipality as the case may be. if your grandfather, father and uncle agree to divide the property into 3 shares (either equal or unequal), they may divide the property as mutually agreed. If so it is better to register the partition deed.

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Sudhir Kumar, Advocate (Expert) 14 February 2019
given facts do not show any dispute between the family so above advise seems workable.

please come forward if there is any dispute between family members.

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Guest (Expert) 14 February 2019
Ancestral Property __ Property inherited up to four generations of male lineage remained un divided till the fourth generation upwards.

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Guest (Expert) 14 February 2019
First obtain the Legal Heir Certificate and it would sort out your issue. Presently the Daughters also would have equal Rights as the case maybe. In your case as per your query there are only sons.

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Guest (Expert) 14 February 2019
Better discuss with local Advocate after obtaining Legal Heir Certificate and Registration of Partition or any other deed would be mandatory.

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P. Venu (Expert) 14 February 2019
The property is not ancestral. On the death of the great-grandmother, the property is jointly vested with the legal heirs i.e her husband (if alive) and two sons.

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adv. rajeev ( rajoo ) (Expert) 14 February 2019
After the death of mother succession opens. Her sons will get equal share. If the property of mother is from her parents then her husband will have no share

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Dr J C Vashista (Expert) 15 February 2019
It would be shared equally between both sons of deceased.

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