posting my query again
Messi
(Querist) 23 December 2010
This query is : Resolved
I am in 3rd generation. My grandfather had following siblings:
Brother A (dead) - survived by 2 sons 5 daughters and grandchildren.
Brother B (dead) – no survivors. The house belonged to him. He left a will leaving the house in the name of Sister C (dead) who was not married and had no kids. The will had name of all other siblings
Bother D (dead) - My grandfather. Survived by 2 sons and 3 daughters and grandchildren.
Brother E (dead) – 1 son 1 daughter and grandchildren.
Brother F(dead) – 3 daughters and grandchildren.
U can understand now how there could be 30 heirs.
In the will it was also mentioned that D my grandpa was looking after A’s children as they died early. From the past 30 yrs only 3 families are staying in this house:
1>A’s 2 sons and their children
2>My father mother me.
Another will was made later by B in favor of my grandfather D, which is now missing. My question is:
1. Since there are only 3 families staying in the house for so many years do we have a say in the manner/proportion of division?
2. Can the property be divided without involving too many people?
3. Can the property be sold first then the money be divided?
R.Ramachandran
(Expert) 23 December 2010
Are you concerned about the property which is in the name of Brother B(dead)?
You say that he left a will in the name of his sister C (Dead) and other siblings.
The said will is now missing.
Therefore the property has to be divided.
Am I right in my understanding?
If my understanding is correct - then the said property will go in equal share to:
B's brother's sons and daughters. That is A's 2 sons and 5 daughters, D's 2 sond and 3 Daughters, E's 1 son and 1 daughter, F's 3 daughters.
Totally only 17 persons.
R.Ramachandran
(Expert) 23 December 2010
If the property is to be sold then all the 17 persons have to sign. After such a sale the sale proceeds can be divided between the 17 persons equally.
Messi
(Querist) 23 December 2010
no it was only in Cs name.. Then another will was made on my grand pa name which is missing.. All the first generation people are dead. We dont know if the second will is there or been destroyed. So i think all second and third generation people have to share it in equal portions
Y V Vishweshwar Rao
(Expert) 23 December 2010
The major shares will be 4---- 1/4th to A> his children /grand children - 1/4th to D ,-1/4th to E and 1/4th to F ( i.e;- to their Children /grand children jointly 1/4th each)
Y V Vishweshwar Rao
(Expert) 23 December 2010
If the property can not be divided and can not be enjoyed by each party after division -you all may sell the House and share the sale proceeds!
Messi
(Querist) 23 December 2010
Thank u sir for your valuable inputs. Could u please tell me the name of this Act?
