distribution of ancestral property
aditya
(Querist) 27 August 2015
This query is : Resolved
The situation is ,my grandfather had 40 acres of landand he had the following relatives ::
1.son1,my dad
2.son 2,my uncle(has 2 daughter,a wife but died)
3.daughter1,my aunt
4.daughter2,my aunt
5.my grandmother
My grandfather divided 12-12 acres of land between my dad and uncle (before he died) and he kept rest 16 acres of land with him and he died without making a will so my question is
Q1.my both aunts and grandmother are claiming over the rest 16 acres of land and want to be distributed among themselves so can they have it legally ,my dad has no problem but my widow aunty of my expired uncle has problem so can they have it.
Q2. If the above situation in q1 is not possible than tell me how the 16 Acres will be distributed among family membersmembers since my uncle died leaving two daughters and a wife..
niranjan
(Expert) 27 August 2015
If both sons let go their share from 16 acres,then remaining heirs can divide equally or you all have equal share in the remaining 16 acres.
kavksatyanarayana
(Expert) 27 August 2015
Author, your father already given to you and your brother 12 acres each. now for the remaining property, all legal heirs have rights over the property.
M/s. Y-not legal services
(Expert) 28 August 2015
My grandfather divided 12-12 acres of land between my dad and uncle (before he died)..
if it so, by which way your grandpa divided the property to your father and uncle?
i mean is it by any kind registration deed?
M/s. Y-not legal services
(Expert) 28 August 2015
if its delivered by registration deed mean your father and uncle entitled to claim share from the remaining 16 acres also.
so remaining 16 acre would be divide as 5.2 acres per share..
Sunlawseeker
(Expert) 28 August 2015
All Legal heirs of your Grand Father are entitled on 16 acres if your Grand Father executed a proper deed in respect of 14 acres
otherwise,
All legal heirs have right on entire 40 acres.
aditya
(Querist) 28 August 2015
Thanks for answering but please clear out this whether my widow aunt (of my belated uncle )daughters would have a share in the above land or not.
aditya
(Querist) 28 August 2015
And also do clarify me that who all are the legal haeirs of my grandfather
Rajendra K Goyal
(Expert) 28 August 2015
Your uncle has share in the property. Since he expired his share would be inherited by all his class I legal heirs(wife, son, daughter).
R.K Nanda
(Expert) 28 August 2015
better consult local lawyer.
Kumar Doab
(Expert) 28 August 2015
The experts have explained.
It shall certainly be better to show all docs on record to an able counsel specializing in property/revenue/family/civil matters and well versed with local laws.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
The intestate 16 acres of land shall devolve equally upon all the legal heirs of your grandfather, i.e., your father, the legal heirs of your deceased uncle, aunts and grandmother. Each one of them shall be entitled to 1/5th share in the balance 16 acres of land, there is no question of your aunts alone taking away the entire 16 acres of land.
Kumar Doab
(Expert) 11 February 2017
Posted again at:
http://www.lawyersclubindia.com/experts/Gift-deed-vs-sale-deed-631441.asp
