Kindly advise on property division
Prince Thomas
(Querist) 04 February 2015
This query is : Resolved
In my grandfathers will, he has given his land to his 3 daughters(no boys, only girls); 1 daughter got less area of land, compared to the other 2 sisters. This was done purposefully, by my grandfather, because they were not in good terms.
-The land actually belongs to my grandfathers father. therefore it was passed to my grandfather, and he has given it to his daughters. but the share received, among the sisters is not equal.
-My grandfather is no more(RIP); the sisters are ready to divide the property equally among themselves.
-the concern is:- should we register the property first as per my grandfathers will and then give the other sisters share as a gift( recommended by few lawyer) OR
-without registering my grandfathers will, register the property among the 3 sister equally( recommended by a few lawyers)
-kindly advise on a suitable remedy, that will not cause any future problems and will not be challenged later by anyone.
ROHIT SHARMA
(Expert) 04 February 2015
1. This is ancestral property. Hence, in the first place your grandfather was not competent to make such a Will of a property which devolved upon him from his father.
2. Hence, the second option i.e. without taking into cognizance and consideration of your grandfathers will, register the property among the 3 sister equally by having a family settlement deed.
