LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prabhu   23 October 2015

Family partition

My grandfather's father had 2 wives. My grandfather and 2 sisters were born to 1st wife. After the death of his 1st wife, my grandfather's father married another woman and had 4 daughters from 2nd marriage. Before his death, my grandfather's father divided both his ancestral(transferred to his name thorugh family partition) and self-acquired property in two and sold one half to his second wife. He left the other half in his own name.

After his death, my grandfather's name was enetered in revenue records for the unsold half. But the property documents are still in my grandfathers father name.

Now my question is, who all will be the legal heirs to the unsettled half property? My grandfather and his heirs only or will the list includes his 6 sisters and their heirs?



Learning

 4 Replies

saravanan s (legal advisor)     23 October 2015

If your great grandfather had died intestate then all his legal heirs including the children born to second wife are entitled for equal share.if any of the legal heirs are dead then their children are entitled to get their deceased parents share

Advocate Ravinder (Advocate/Attorney)     25 October 2015

Your grand father’s father had done a small mistake.  Instead of making a regd. family settlement deed he simply sold his ½ share to the second wife.  Hence, now all the 6 sisters and you will have claim over the remaining ½ portion of the property.  For further doubts contact to my email.  Pl check up whether the sale deed is registered or not (the ½ portion which is  sold to 2nd wife). If it is not registered, you and your 6 sisters can claim over the full property. 

T. Kalaiselvan, Advocate (Advocate)     30 October 2015

Now my question is, who all will be the legal heirs to the unsettled half property? My grandfather and his heirs only or will the list includes his 6 sisters and their heirs?

It is very clear from your question that the property left intestate by your great grandfather shall automatically devolve on his legal heirs only.  The legal heirs consists of your grandfather and his siblings through the step mother too.

 

prabhu   30 October 2015

Thanks Mr.Kalaiselvan. Sorry that I didn't mention that My great grandfather's property was inherited by him before 1956.

He sold his share in the ancestral property in Aug 1956 implying a notional partition. Therefore the remaining unsold inherited( exactly 3/4th) of the ancestral property belongs to my grandfather, my father and my uncle. This was clairified by a senior lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register