how will father's property be divided among sons already living there

957 votes

Both of u equal share in the property 1st ground n 2nd ground in both u have 50 percentage this u hold a right more over there is a provision that both father n son has equal share in ansectrol property so if at all ur father is not giving u a share in ur grandfather property ur entitled to get the share
With regards
Sanjay J Rajpurohit
Madras high court

Advocate Sanjay J Rajpurohit LawRato

646 votes

The property belongs to grandfather.

He can settle his property to his children in the manner and mode of his choice and desire during his lifetime.

He can make a settlement deed or gift deed or family arrangement deed or even bequeath the property by testamentary disposition i.e., will during his lifetime as per his own decision which nobody can interfere.

The question about acquiring the ground floor or first floor by the brothers between themselves will arise only after the death of the grandfather, that too if his death is intestate.

Upon the intestate death of the grandfather, it is a mutual agreement among the legal heirs of the deceased for partitioning the properties amicably among themselves.

If there is no amicability or any consensus arrived among themselves, then the next alternative is to approach court of law for partition and separate possession of their legitimate shares equally.

The court will decide partition as per law and not as what you have described in your question.

Your description is not having any legal provision.

Advocate T Kalaiselvan LawRato

897 votes

In the absence of valid registered document in place, if both the parties decides to move civil court for adjudication of properties concerned, the court verdict will be final, and the concerned person cannot take immunity under adverse possession, as the owner ship remains undecided as of now.

Advocate RS Raghavan LawRato