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Distribution of grand mother property (fathers mother)

(Querist) 15 February 2014 This query is : Resolved 
Respected Sir,
My grand mother (fathers mother ) has purchased 6 acres land in 1948 now she is no more & grand father also. they have 2 sons & 1 daughter. there is no will. and my fahters & his brothers & sister made agreement to distribute the land 1 acre elder son, 1 acre to his sister, 2 acres to my father & 2 acres to youngest son.

we have 2 sons & 2 daughters for our parents. Now we are decide distribute my father share in grand mother property. how the share will distribute to my brother & my sisters as per hindu law. kindly give me your suggestion to distribute the property as per law.

Thanking you Sir,

Madhusudhan
Anirudh (Expert) 15 February 2014
You say that your grand mother has 2 sons and 1 daughter.
However, you say that 1 acre to elder son,
2 acres to my father and
2 aces to youngest son. It comes to three sons.
Therefore there is utter confusion.

But one thing is clear that your father got 2 acres and you want to divide between 2 sons and 2 daughters.

You want to know how the property would be divided as per HINDU LAW.

The property 2 acres which your father got after the death of his mother is HIS PRIVATE / PERSONAL property. He is the absolute owner of the same. Nobody (i.e. neither sons nor daughters or his wife) has any right, claim or share in the said 2 acres.

Therefore, according to the Hindu Law the sons and daughters have no right.

If at all the father wants to distribute his property (2 acres), he can do it according to his desire. Nobody will be able to claim a particular share as his right.
Rajendra K Goyal (Expert) 16 February 2014
How the property by your father and brothers were distributed, by settlement deed registered or un-registered, and when your grand mother expired ?
T. Kalaiselvan, Advocate Online (Expert) 17 February 2014
I fully agree with the opinion of expert Mr.Anirudh on the subject issue. Yes, the children of the father have no right or share in the property inherited by the father through his mother.
R.V.RAO (Expert) 20 March 2014
The property became self acquired by your father after the same was bequeathed on him by his mother.
self acquired property can only pass by will /transfer/gift from the owner to any other person(incl .his legal heirs) in the life time of the owner.
But only if it is intestate (no will made), then all the intestate owner's class 1 legal heirs inherit the property in equal share.
as your father is alive ,he only has absolute rights over the 2 acres of land he got from his mother.



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