Property distribution doubt
Jidnyesh
(Querist) 21 November 2011
This query is : Resolved
I am from North Maharashtra and I have a few concerns regarding rightful heirs and property distribution of an alive person. My current family chain consists of my Grandmother at the highest level, who has 4 children - 1st Son (my father), 2nd Son (my uncle), 3rd Son (my uncle) and 4th Daughter (my aunt). Unfortunately my Grandfather ( passes away in 2010) and my Father had passed away( passes away in 1993) and are not with us anymore. The agriculture land property (3 acre) that my Grandfather possesses was inherited by him from our ancestors Still property is on his account and my grandmother possesses agriculture land property(15 Acre) from her mother is still on her account and have 4 plot on grandfathers account( Out of them 3 are constructed in our village) she wants to give away the property wholly and entirely to my aunt and 2nd uncle. My predicament is that I fail to understand the rightful heirs in this case as he is living. Moreover, as part of the property was inherited by him as well, I reckon we should have some rights too, however I am vaguely familiar with property laws and would want your insight on this.
1. What is the right way of splitting up the property in accordance with Indian Law, considering my Grandfather is dead?
2. Do we have any rights to his/her inherited property?
3. In case we do have rights, what would be appropriate way to approach this problem with respect to Indian Law, bearing in mind that this unjust distribution has occurred or is in the process of occurring soon.
4.
I will be looking forward to your reply. Please answer my concerns to the most details that you can furnish and any additional information would be highly appreciated.
Thank you.
prabhakar singh
(Expert) 22 November 2011
(1)The agriculture land property (03 acres) that your Grandfather possessed and inherited from his/or from your ancestors is a coparcenary property consisting of himself and his 4 children[03 sons and a daughter]as he passed in 2010.In this property your grand father had his share as 1/5 th,1/5th belongs to your branch as your father has predeceased him,the next 1/5th belongs to your your uncle then the next 1/5 th to other uncle and then next 1/5 th to your aunt(05 eaqual shares in all).
Now as your grand father is also dead his 1/5 th of this 03 acre shall get distributed equally among his widow[as your grand mother is alive],sons and daughters of your father,your two uncles and one aunt all getting simultaneously,each getting 1/5 of his 1/5= 1/25 each.
(2)As regards to 15 acre held in name of your grand mother,she would in law be treated its absolute owner and she is free to deal that in whatsoever manner she chooses to use,either by sale ,gift or WILL
to any person of her choice and no body can interfere in her this right.
So unless she leaves these 15 acres behind her passing without any kind of disposal sale gift or testament of WILL,the same would also devolved upon the four branches of her 03 sons and 01 daughter.
Jidnyesh
(Querist) 22 November 2011
Well,
What about the real estate distribution along with all of us which is on my grandfather account. (1 land plot, 3 constructed house). If it is not distributed in equal manners.
What can I do to get equal distribution of land and house.
Raj Kumar Makkad
(Expert) 22 November 2011
You can get distribution of remaining property in the proportion suggested by expert.
prabhakar singh
(Expert) 22 November 2011
Dear Jidnyesh !
Why did not you ask it earlier.??
I hope by saying these three real estate (1 land plot, 3 constructed house)is in your grandfather account,you mean these are not ancestral then as he has not left any will this shall according to law go to his surviving heirs his widow,his mother,his sons ,his daughters all taking equally and simultaneously.Then her mother would certainly be not there to inherit ,then your grand mother would take 1/5th of real estate and your father's branch all shall take the other 1/5 th and your two uncles each shall take 1/5th and your aunt shall also get 1/5th in real estate properties..
Jidnyesh
(Querist) 23 November 2011
Dear All,
Thanks for your best suggestion on this issue. SO I will ready to get equal distribution of all property.
Thanking you and looking forward.
Yours Faithfully,
Jidnyesh
Jidnyesh
(Querist) 10 July 2012
Dear Sir,
As I am already mentioned above my grandmother having 15 acre agri. land.
Now a days my Uncle plays a mind game to occupies more and more agriculture land.
Currently older uncle having 4acre land on verbal promise of grandfather. He proceed the Crop loan of Rs.3 Lakh. He told that loan is on his account but all 15acre land of grandmother is as mortgage at Bank of Maharashtra.
According to my concern Uncle will cover all 15 acre land to his account by covering grandmother to his favor.
So in case, grandmother make will certificate in favor of uncle.
1. Can I have any chance to get my part land?
2. Can I stop to uncle legally to do this kind of fraud?
3. can I have justice in grandmother will?
4.Can I stop grandmother for this kind of sacrifice?
5. How can I get my legal share/whack?
6.Is this possible to take loan and mortgage others property?
Give me suggestion for the same.
Thanking you in advance.
