Hindu family property division question
Aditya Prakash
(Querist) 05 August 2015
This query is : Resolved
I have a question regarding the Property Distribution. I belong to a Hindu Family from the State of Bihar. The property in question is registered in the name of my Grandmother. My Grandmother has died and now years later to that my Grandfather is dividing the property among my father and uncles. My father has 3 brothers and a sister of which one brother is not sane. He is mentally unstable. My Grandfather states that he will be dividing the property in 5 parts out of which 4 goes to each brothers and one for himself. I am not sure if my aunt (father's sister) is interested in the property. I have to consider that she is not interested as she is already married and she is well off.
Please tell me if the property is in the name of my Grandmother, is my Grandfather entitled to do the distribution?
How many parts the property should actually be divided in? (as one brother is insane)
Chanchal Nag Chowdhury
(Expert) 05 August 2015
The property will be inherited by the husband & children in equal shares i.e. 1/6 each. After that, who relinquishes in favour of whom is a different matter.
Rajendra K Goyal
(Expert) 06 August 2015
Sister of your father has equal share in the property till she relinquish / gift her share by registered deed.
Kumar Doab
(Expert) 06 August 2015
Agreed with experts.
Aditya Prakash
(Querist) 18 August 2015
Ok. I understand what you people have said. Now the thing is that my grandfather is a very cunning person. He is not playing fair. My grandfather had filed a petition in the court for the property distribution. The deed has arrived. As per the information that I have the deed has names of 6 people on it, as you people have said. My grandfather did not have a good relation with my father. And he is 94 years old now. He might die in a couple of years I guess but he is giving his share to one of my uncle's kid that is my cousin and he is giving the the share of my insane uncle to the same cousin and he is getting my aunt out of the picture by not giving any part in the property or having her relinquish the right on the property.. I understand that this division is totally biased. He is asking us to possess the part of the property which we do not want. What can I or my father do to stop such kind of division. We have not signed any paperwork yet but can the division be successful even if my father does not sign the documents? Please advise what shall we do?
Advocate Bhartesh goyal
(Expert) 06 August 2015
