Share in grandfather's property
Ravi
(Querist) 15 August 2015
This query is : Resolved
Sir,
My grandfather has self acquired land and he died intestate. He has 5 children including my father. My father married for second time while my mother was alive. I am the only son to my mother (first wife). My stepmother has 2 children. Both my mother (first wife) and father had died before my grandfather's death. I came to know that after my grandfather's death in 1999, relatives have added my stepmother's name as a heir along with 4 other children of my grandfather. Now my question is:
1. How my grandfather's own acquired land will be divided?
2. Is my stepmother is entitled to get share in my grandfather's property? Can I challenge to remove her name as heir from khata (7/12).
3. How much share should I get?
4. Are my step siblings are liable to get their share in my grandfather's land?
Thanking you.
Anirudh
(Expert) 15 August 2015
Dear Ravi,
1. Assuming that your grandmother also died (either prior to after your grandfather and intestate), then the property left behind by your grandfather, will first have to be divided between all his 5 children including your father.
Therefore your father will get 1/5th share.
2. Since bother your father and mother expired prior to your grandfather, the 1/5th share in the property that has to come to your father will be divided equally between you and your two step-siblings. So you will get 1/3rd share and the other two step-siblings will also get 1/3rd share each.
3. Your step mother has no share, unless your father had married her prior to the year 1956 i.e. prior to coming into force of Hindu Marriage Act, 1956.
Ravi
(Querist) 15 August 2015
Thank you very much Sir, so can I challenge her name to be removed from 7/12 and what will be the procedure.
P. Venu
(Expert) 15 August 2015
Entry in revenue records do not necessarily amount to title to property. You may get the property partitioned by consent among the legal heirs or by means of a partition suit.
Sri Vijayan.A
(Expert) 15 August 2015
You need not to try to remove her name.
She is not the co-owner of the property left by your grand father.
Though, she is not legal heir, her children are heirs of your father.
Make a partition deed and get it executed by all partners and get it registered.
Rajendra K Goyal
(Expert) 15 August 2015
Well advised by the expert Anirudh, agree to it.
Guest
(Expert) 15 August 2015
Learned Expert Mr.R.K.Goyal Our Clarification Required From You In the Query "Release Deed and Succession Certificate" is Still Pending Please
