Bhaskar 30 November 2015

Grandparents property distribution

Hi. I am Bhaskar from Rajahmundry.

Please go through my problem.

My grandfather had 10 acres land. He has 5 sons and two daughters. My grandfather passed away in 1995 without bill. The whole land is not registered till now. one daughter also passed away in 2012. My grandmother is also passed away in 2014. Here is the complete data.

1) 1st daughter ( passed away in 2012) - 3 daughters and 1 son

2) 1st son - 2 boys.

3) 2nd son- 2 boys, 1 daughter

3) 3rd son- 1 boy

4) 2nd daughter - 2sons, 1daughter

5) 4th son- 2 boys

6) 5th son - 2 daughters( minors)

questions:

1) Since my grandfather passed away in 1995, will the share goes to daughters of my grandfather? Will the 2005 coparcenary act applicable here??

2) Howmany shares will be there finally??

3) Are grandchildren also getting some share even if their father is alive??

4) What if grandchildren are minors??

5) What about one daughter who passed away??? Will her share will be distributed to her heirs in equal proportion??

Thanks in Advance

Regards,

Bhaskar.

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3 Replies

saravanan s (legal advisor) 30 November 2015

The property you are talking about is self acquired by your Grand father and so all his daughters have equal shares along with his sons.so each legal heir will get 1/8 share.the deceased share alone will devolve on their children

Laxmi Kant Joshi (Advocate ) 30 November 2015

The all seven siblings are the legal heirs of the deceased i.e your grandfather hence the whole property will divided into 7 equal parts and each legal heir will get 1/7 share in the property, the grand son or daughter will get the share of their deceased parents .

Bhaskar 01 December 2015

Thanks laxmi kant and saravanan.

I have a few more questions.

1) What happens if all seven siblings are not agreeing for equal distribution???

2) what happens if one of the siblings approaches court for his share registeration?? Will the court divides into 7 parts and distributes to all with/without permission from the remaining siblings??

3) For the registeration purpose of his/her share, every other sibling has to come for registeration???

4) At the time of registeration, every grandchild has to be present or no need??

5) If all the siblings are converged to some common solution, then is there any uneven distribution of shares allowed with mutual understanding???

Thanks in advance for the new set of questions... :)

regards,

Bhaskar.