Property sharing between bros & sisters -one person passed away.is there any problem for the son to
Arjunravi
(Querist) 07 December 2014
This query is : Resolved
PROPERTY Sharing between bros & sisters -one person passed away.Is there any problem for the son of a person who passed away in receiving his share.
LAWYER Experts,
My grandpa and grandma passed away without any will. And my mom also passed away.
My Grandparent having 7 children,2 Sons and 5 Daughters. My Mom is one among them.
The property is in my Grandpa's name. Actually it was earned by my Grndpa's Father.
Currently we planned to have the share among ourselves.
Is there any possibility for my uncles & aunties to ignore me in the share??
Could anyone of the experts reply for this???
Guest
(Expert) 07 December 2014
There is No Doubt that Share of your Father/Mother would be Entitled to his Legal Heirs.If you are Particular Or Worried about the same Consult a Local Good Advocate and Serve Notice Regarding the Same.
ajay sethi
(Expert) 07 December 2014
on your grand father demise your grand mother had 1/7th share in property . on your mother demise her 1/7th share would devolve on you and your siblings .
deed of family settlement can be made for amicable division of property . if it is not possible file suit for partition
Arjunravi
(Querist) 07 December 2014
Thank you Sir.
And 2 more clarification required.
1. Property is in my Grandpa's name.Even though it was earned by my grandpa's Father.
Could you please confirm whether the property is equal to all the legal heirs w.r.to gender and other items.
2. If we go to court for sharing,we are having everything as in favours,how long will it take to get my property in hand.
If my Uncle's alone restricting.
Thanks,
Arun.
Rajendra K Goyal
(Expert) 07 December 2014
1. It is the property of your grandpa if it is in his name.
2. Court cases of civil nature takes time. It may take 5-6 years or more.
When your grandpa expired?
Arjunravi
(Querist) 07 December 2014
yes property is in my grandpa's name only till now.
He passed away in the year 1994.
My grandma just before a months.
Wish to share now.
Could you please advice on this.
Thanks,
Arun.
Dr J C Vashista
(Expert) 08 December 2014
1. You may not having proper knowledge, check records of the property, it does not take 20 years to mutate the property in the name of surviving legal representatives of the deceased title holder(owner).
2. You are an equal share holder in the property irrespective of gender.
3. Try to seek an amicable settlement, if it does not workout, file a suit for partition and possession through a local lawyer.
malipeddi jaggarao
(Expert) 09 December 2014
Agree with the expert advice of Mr.Ajay Sethi in particular and guidance of other experts.
As expert Dr.Vashista advised, try for amicable family settlement instead of running to courts. The civil case will take lot of time may be more than 10 years. What did other legal say? Rope in the common relatives and elders/well wishers to avoid legal remedy.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
The property though belonged to the father of your grandfather, it now stands on the name of your grandfather and upon his intestate death the properties will devolve on all his legal heirs equally. There being 7 children to your grandfather, your mother being one among them, she will be entitled to 1/7th share of property out of that. If your mother is not alive then her class I legal heirs consisting of of your father, yourself and your other siblings will acquire rights to inherit your mother's share in that property. For this an amicable partition is one solution or a family settlement, if both do not work, a partition suit through a civil court of law will be the remedy. This suit may take a long time to get disposed.
Ms.Usha Kapoor
(Expert) 09 July 2018
I agree with exerts and particularly Ajay Sethi and Kaloai Selvan.
