Uregent help : disputues among brother for a property after father detah
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
Hello Everyone,
Need a expert advice,
My grandfather was died in 2004, with out writing will, he have three son and two daughter. All are married before his death
elder son was staying separated due to little dispute in family, but he has attained all marriage and death ceremony of family.
so i want to know whether elder son have right to get property from his father property & grandfather property?????
Raj Kumar Makkad
(Expert) 16 November 2011
I completely disagree with prabhakar singh and rajeev.
Because elder son performed marriages of younger brothers etc. ipso-facto do not give him any legal right to retain the properties left by his father or grand father. Property shall be divided as per Succession Act and he do not get any preferential rights.
Devajyoti Barman
(Expert) 17 November 2011
All, will inherit the properties in equal share, no one would get anything extra.
However if it is HUF then the elder brother would be compensated but not inherit larger share than other co sharers.
prabhakar singh
(Expert) 17 November 2011
aNGREJI MAE KAISE KAHENGE MALOOM NAHI MAGAR HINDI MAE KAHTE HAIN KI KUCH LOG KABIL HOTE HAIN AUR KUCH KO KABILIYAT KA HAIJA HOTA HAI.MAKKAD SAHEB BHI ISI BIMARISE ZUZH RAHE HAIN.
prabhakar singh
(Expert) 17 November 2011
mAKKD G VO BECHARA POOCH RAHA HAI KI KAHI SEPARATION KI VAJAH SE VO JAYDAD SE MARHOOM TAU NAHI HO JAYEGA YA KI PHIR BHI PAYEGA??
mAINE BILKUL SAHI UTTAR DIYA HAI JANAB.
prabhakar singh
(Expert) 17 November 2011
aaP Ka VISTAAR ACHCHA HAI PAR DEPTH KAHEEN NAHEE HAI VO BHI HONA JAROORI HAI JANAAB.
Guest
(Expert) 17 November 2011
In fact answers of both Sarvashri Makkad ji and Prabhakar ji are correct due to their individual assumptions about the question put wrongly.
The root of dispute between Sarvashri Makkad and Prabhakar ji is quite evident from the question of the author, itself. The querist has used a wrong word "ATTAINED" while writing sentence "attained all marriage and death ceremony of family."
Evidently, Shri Makkad has assumed the word of "attained" as "PERFORMED." On the other hand, Shri Prabhakar ji seems to have taken the word "attained", as ATTENDED".
However, if Shri Prabhakar feels ill about my interpretation, he can also diagnose and declare with what BIMARI, mein juzh raha hoon. Of course, I can say, the "kataksh" on Shri Makkad on the part of Shri Prbhakar Singh was quite unjustified, just to justify sole answer as correct without getting proper clarification from the querist. If the reply of Shri Makkad is wrong, Shri Prabhakar ji may like to enlighten about the reply of Shri Devajyoti Barman, whether that is wrong or right and how?
Shonee Kapoor
(Expert) 17 November 2011
Repeated query, all children would have equal share.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
