How to claim for partition of grandfather's property

780 votes

As per the Hindu succession act the legal heirs of your grandfather's property are his wife and children in equal shares when there is no deed, will or any other document giving the property. As per your query it seems that your grandmother is no more, then the property will devolve upon all the children which would be one-ninth of the Property each. So the gift deed if it pertains to one-ninth of the Property which one of your uncle's has given then there is no issue but the said deed should have been with the knowledge of the other legal heirs which are his brothers and sisters, otherwise you can challenge the deed. Since it seems that your father or mother who must have been either son or daughter of grandfather you and your family is entitled to one-ninth of the Property. You can send a legal notice to the other legal heirs and file a partition suit or on agreement of all parties prepare a partition deed.

Advocate Alakananda Das LawRato

674 votes

As appears from your query that your grandfather has not made any will so all the legalheirs are equal shareholders of your grandfather's property. The gift deed you have referred to is executed by whom whether all the other legalheirs have given consent or no objection. Yes you can file a partition suit against the property claiming your share.

Advocate Vivek Poddar LawRato

915 votes

First of all if there was no will there is no question of getting a probate to the properties left by the deceased.
Legaly speaking after the demise of a person who is a Hindu his property automatically devolves upon his legal heirs (being sons, daughters, wife) being the heirs as defined in first schedule of Hindu law in equal shares and as per your question if one of his son had made a gift to his son and daughter then it is legaly valid on condition that the gift is relating to his undivided share in the properties and banking upon said gift deed they have become undivided owner in respect 1/9 th share of the property left by your grand father and obviously you can file a suit for partition for separation of your undivided share from others in the said Properties but in that suit you will have to make your cousins party even if your uncle is still alive as he has gifted his share to his son and daughter.
The above oponion is based upon the facts input by you in the question.

Advocate Vikram Ojha LawRato