Yuvanesh V 17 August 2021

Grand father property

Respect Sir/ Madam

my grand father have land passed away in 1997. My grandfather have 2 son and 1 younger daughter. my 1st elder son passed in 2018 no wife no son for him still death we only take cared. my father is 2nd son passed away in 2016 he was built house .3rd daughter got married in1995 my auntie, groom with the house beacuse my dad loves my siblings. living with us in same building more than 25 years . we have 2hbk floor and 1 shop and we didn't receive any rent for house and shop still now and we paying electricity bill more than 25 year still now .
But 2 son 1 daughter .my uncle wrote in stamp paper her share will be goes to my father . but now my auntie asking equal share . want to divide by 1/2 .

can you please give suggestion Sir/Madam

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3 Replies

Dr J C Vashista (Advocate) 18 August 2021

Vague and confusing facts can not lead to form proper opinion and oblige.

Re-draft and post, if you want to seek obligation of experts on this platform, otherwise consult a local prudent lawyer for analyses of facts / documents and professional advise.

G.L.N. Prasad (Retired employee.) 18 August 2021

Mr. Yuvanesh,

The undivided property has to be shared equally by all the deceased's children.

It is the duty of children in Hindu tradition to take care of parents at their convenience. This is a moral obligation and whether they give any property to their children is immaterial.

Your aunty undoubtedly has a share in her father's property as your father.

Ask your father to contact a local advocate on the enforceability of such written documents as rights on the property must be relinquished by registered document or settlement should be done through legally valid agreements.