Partition suit to claim share in grand father's property. Advice.


Hi Sir/Madam, This question is regarding the property of my grand father. My grandpa passed away in 1991. We just got the legal hier certificate too. As per that, the legal hiers are, His wife (Grandma), 2 Daughters (My mom and Aunt). To be very honest, We are not worried about the property. But my aunt and her family ill treats my grandma a lot. Since, They are staying in the same building (grandpa's prop), they r causing lot of mental stress to grandma. they are asking for their share in property. They need the property, but not her. We are taking care of her well. But they need to realize their mistake. Also, As i am not sure, how they will treat, once they get the share. I would like to know, whether we can partition the property into 3(for 3 legal Hiers). If we cannot take care of our parents, we should not desire for their property. So i would like to suggest my grandma to write a will for her share alone for cancer affected Children after her!(Religion: Hindu) Kindly advice.

Answers (2)


250 votes

If a partition suit is filed then your grand mother, aunt and mother each will be entitled to 1/3 share. No other equation will be possible legally as all three are Class I heirs of your grand father. Irrespective of how your grand mother is treated by others she is entitled to 1/3 share. As soon as 1/3 share goes to your grand mother then it becomes her personal property and she can bequeath the same to any body through a will. It is advisable to register/probate the will.


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143 votes

The property of your Grandfather is actually divided into 3 portions ., one - your grandma and two of his daughters .,

After the wil is executed, one portion , will be now in the hands of your grandma .. she have absolute control over her portion of the will mentioned .. therefore she has the power to convey to any third person, provided the following

1. Is the will registered ,?
2. Are the witness signed in the will alive ?
3. Has it been executed ?

Prepare yourself for a civil suit as your aunt may file a suit against her Mother disputing the validaty of the will..

In any case , I advise settlement is irrevocable than a will..
a will is always considered as a disputable document..
Any other clarification, please let me know

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