Grandfather property divided father got share he died how to divide it

582 votes

As per Indian law the property after the death of your father will be divided into three shares only I.e. your mother and two brothers whereas after the death of your mother her one third share in the share of your father the same will be divided into four share with all the siblings as per Hindu succession act since the daughters also started getting share on the property after the amendment of 2005 and hence they are entitle to their share in the share of their mother only and not from the complete one third share of your father.
For any other query feel free to contact.

Advocate Harshit Jain LawRato

886 votes

Your father's property (1/3rd share) shall be divided in 4 parts, in case of intestate death (absence of WILL).
However, without due partition the sale can be challenged.
No one can obstruct your right in your share.
Contact for further legal advice and action.

Advocate Tanu Malhotra LawRato

888 votes

In your case consult immediately as you have a good case. For starters' let me say that since your father died in 1999, the property was ab initio transferred into 3 shares (2 sons and the widow wife) since there was no inheritances rights to daughter back then. So after your mother's death her share can only be divided into four parts. If rest is also sold then you have a criminal case against them for forgery, cheating and criminal breach of trust, as i can suggest right now on the limited facts, the criminal charges can be more.

Advocate Ramaditya Tiwari LawRato

705 votes

Dear Sir,

You have to file a suit for partition claiming your rightful share in the property. Your sisters had a very limited share and you need to be compensated for the loss caused to you by selling two parts. Please take action immediately.

Advocate Dheeraj Gupta LawRato

987 votes

Scenario 1:- The Property was a HuF.

If the property as held by your grandfather was an HUF, and a partition took place between the co-parceners, then your father received the property as a co-parcener, and his sons (whsoever had been born by that time), would be equal co-parceners (i.e. owners) in the property. With effect from 2005, the daughters would also become co-parceners, but only if the father was still alive. As you mentioned your father passed away in 1999, your sisters would not have become co-parceners and only you and your brother(s) would have a share in the property. You can, in this scenario, sue for your full share in the property and seek a recovery from your brother and sisters.

Scenario 2: The property was not an HUF.
If there was no HUF between your father and grandfather, then your father became the absolute owner of his share, upon the partition. If he died in intestate, then all class 1 heirs would get an equal share to his property. This would include your sisters. In this scenario you can only sue for your share.
In either scenario, Civil and / or criminal action can be initiated. What would differ would be your share and the rights of your sisters. Thus what is crucial to find out is whether the property as held by your grandfather was an HUF, or not.

Advocate Samar Singh Kachwaha LawRato