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Karan sunil (SR Manager)     22 September 2010

Grandfather Property share

I and my mother live in a house which is in the name of my grandfather right now.He has no will .My grandfather and father are no more. my grandfather had 3 children my father and 2 daughters. Now his 2 daughters(my Buas) are claiming their share on the property.

They want that the property should be in their name so that they can claim their share.So as per law the mutation of the property will be in the name of my grandfathers children,my father and 2 buas,as my father is no one so can i include my name and my mother name ,so instead of 3 share ,can we have 4 share in the property-me ,my mother and 2 buas.--as i am the only grandchild of my grandfather

1) Does grandchildren have right on the grandfather's property?

2)Is it upon OUR discreation to include anyone in the family's name while mutation or only immediate children name are included legally.



Learning

 3 Replies

R.Ramachandran (Advocate)     22 September 2010

Dear Mr. Karan,

The property being ancestral, first the property will be partitioned equally (i.e. 1/3rd each) between your deceased father, and your 2 buas.

Your father's share will then devolve equally on your mother and you.

You will not be able to divide your grand-father's property ito 1/4th each - one for you, one for your mother and two for your two buas.

Karan sunil (SR Manager)     22 September 2010

Thanks mr. Ramachandran for your advise.

So you mean grand child dont have any right over his grandfather property

Also, please let me know how will the court partition the property equally,

If we dont want to sell our share and they want to ??

Bharatkumar (ADVOCATE )     23 September 2010

First partition is 1/3 (Your Mother and 2 buas) thenafter two part in your mother share (one your mother and one is your's) the court partition the property is 1/3 (Badi Bua) + 1/3 (Chhoti Bua) + 1/6 (Your Mother) + 1/6 (You) share each member. 


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