How the grand father property can be devided
Pavithra M
(Querist) 31 January 2014
This query is : Resolved
Hi,
My grand father has land, Both my grand father and grand mother has died. My grand father has 5 childrens. 2 sons and 3 daughters, All are married and 14 grand children. Our property was not divided, Now one of the daugher ( that is my aunt) has suit a case asking she need 1/5th of my grand father property, all the daughers are married 25yrs back. Will all daughters get equal portion of property. Do grand sons and grand daughters have right on grand father property? If so, grand children has direct right on grand father property i.e 1/14th or only on the portion of his father or mother portion from grand father property.
P. Venu
(Expert) 31 January 2014
Your aunt is entitled for 1/5th of the property. The grandchildren have their share through their respective parent only.
Rajendra K Goyal
(Expert) 31 January 2014
Your aunt along with her 2 sisters and 2 brothers have equal share (1/5) each in the property of your grand father. All grand children would receive share from their respective parents.
C.V.Kansara
(Expert) 31 January 2014
I agree with Mr. Goyal.
Dr J C Vashista
(Expert) 01 February 2014
She is entitled for 1/5th share equal to other brothers & sisters.
Share of grand children shall out of their respective father's share (1/5th)that too equal amongst all siblings.
T. Kalaiselvan, Advocate
(Expert) 02 February 2014
If the property was a self acquired property of your grandfather, the entire properties will devolve upon his legal heirs alone, i.e., his sons and daughters, the grandchildren are not entitled to any share in that intestate self acquired property of the grandfather. Thereby all the five children of the grandfather will be entitled to1/5th share in the properties left behind by the grandfather.
ajay sethi
(Expert) 02 February 2014
agree with MR Kalaiselvan
R.V.RAO
(Expert) 06 February 2014
agree with sri kalaiselvanji.
a logical extention in case of a different situation is ,had the property been ancestral instead of intestate self acquired,by the grand father(query is silent on this),all legal heirs (incl.grand children)entitled to 1/14 share.
experts may give views
Pavithra M
(Querist) 06 February 2014
Half of the property my grand father has got it from his father and remaining half is got from government as relocated land. It means Half of the land were acquired by the govt for a dam construction for that govt had allotted other land to my grand father. In this case how the property division goes, Is it 1/4th or 1/14th for grand childrens.
And also I have one more question my father has a site where he got as part of this re-location, Is my father's brother or sister have any right on this, since this site was allotted by the govt as part of relocation of my grand father land.
