Partition of property
sushil chauhan
(Querist) 12 July 2013
This query is : Resolved
sir my grand father had property but they died before 30 years back. my grand father have four male child. two child are staying another property. one child (father of mine) made construction on this property to permission of his mother. but now she died but the fourth child had not gave any penny to construct the building of this property. Now they all are demand their share of the property. what is the processor to share the property? any one take equal share or my father has to take extra share for made the construction. the property is in my grand father name in govt. papers my father is only legal heirs on the property papers. This land was allotted by the jj shelters and two another plots gave my grand father to his two elder sons they are staying these plots.
ajay sethi
(Expert) 12 July 2013
the property is in my grand father name in govt. papers my father is only legal heirs on the property papers.
did your grand father make any will or he died intestate ?what do you mean in govt papers your father is only legal heir . ?
how were 2 other plots given by your grandfather to his 2 sons ? was it by gift deed ?
if your grand father died without a will all his self acquired properties would be divided among his legal heirs equally
Rajendra K Goyal
(Expert) 12 July 2013
The query is not clear. Whether all property is still in the name of your Grand Father or he has gifted two properties to your uncles. Points raised by the expert ajay sethi ji need to be clarified first so that any opinion can be given.
Adv Archana Deshmukh
(Expert) 12 July 2013
It depends upon the understanding between your father and his siblings. In the absence of any express agreement to the contrary, all the children of your gf will have equal share in the property. However, considering the expenses incurred by your father his siblings may consider to give him a bigger share.
