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Distribution of property by grandfather to sons and grandsons
19-Feb-2023 (In Property Law)
Its regarding unequal distribution of Agriculture land by grandfather to his sons. My grandfather has got land as part of his share from his father (i. e from my great grandfather). This is of 14 acres. My grandfather has 3 sons and two daughters. All (including grandfather and grandmother) are alive except my father which was elder son among three sons. My grandfather has distributed (made khatedars) 10 acres between his 3 sons, in my case to my mother's name as my father is not alive and retained 4 acres to his name. Now he wants to give or gift his part of 4 acre land to my uncle
If you belong to a Hindu family, the property you have described will be ancestral property and therefore your grandfather may only dispose of his share in the ancestral property. The children will all have an equal share in such property. The share however can be calculated only after scrutinizing your family tree and the property documents. For example, if the property was inherited through a will it would lose its 'ancestral' character. Further, under Muslim law such concepts are not recognized and each person has a fixed share. Additionally, the father may not dispose of more than 1/3 of his share if the family is governed by Muslim law. Feel free to get in touch with the LawRato team at 9599-000-555 for further assistance.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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