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What is the process for property distribution?
07-Oct-2023 (In Family Law)
Hi Sir, I have a scenario where my late Grand father has property including (home,shop and warehouse) with his name and currently both my Grand father and Grand mother are deceased. They have four sons and a daughter.Out of 4 sons the most elder one is also deceased. we want to divide property equally among all 5 childrens.Since one of the son is deceased. What all legal documents will be required to complete the process. The home that my Grand father and Grand mother used to stay currrently younger son stays there.They are staying there in joint family since 1990.This home does not have any legal documents. After evaluating property values.As we have mutually decided to take property with folowing distribution. 1. warehouse - first and second son. 2. One shop - daughter and third son. 3. One shop and house - fourth son. Now we have scenario where fourth son is asking to pay money for making legal documents for house.where only fourth son is staying from last 20 years.
Since devolution and inheritance is governed by personal laws, the solution differs as per the religion of the party. I am giving you my opinion assuming that you are a Hindu Family.
It seems that the property that you have mentioned is a Self Acquired property of your grandfather. In that case you will first have to see whether there is any Will of your grandfather. If the Will is there then you will have to get the Will probated from the court and the properties will devolve as per it and then you will have transfer the property as per the arrangement arrived at by the sons.
In case where the your grandfather has died intestate, that is, without a Will, the following will follow:-
In every property all that sons/daughters will get equal shares. In your case where the elder most son has died, his share will go to his sons/daughters.
You will have to approach the court to get yourself declared as the legal heirs of your grandfather. After you are declared as the legal heirs, then each son/daughter who does not want a share in that particular property will have to give a release/relinquishment deed in respect of that property.
As far as the contention of that 4th son that he is asking for money to make legal documents, I have not understood question. What sort of documents?
It seems that the property that you have mentioned is a Self Acquired property of your grandfather. In that case you will first have to see whether there is any Will of your grandfather. If the Will is there then you will have to get the Will probated from the court and the properties will devolve as per it and then you will have transfer the property as per the arrangement arrived at by the sons.
In case where the your grandfather has died intestate, that is, without a Will, the following will follow:-
In every property all that sons/daughters will get equal shares. In your case where the elder most son has died, his share will go to his sons/daughters.
You will have to approach the court to get yourself declared as the legal heirs of your grandfather. After you are declared as the legal heirs, then each son/daughter who does not want a share in that particular property will have to give a release/relinquishment deed in respect of that property.
As far as the contention of that 4th son that he is asking for money to make legal documents, I have not understood question. What sort of documents?
Helpful?
25+
25+
Your case seems to be amicably settled within family members. As you have already agreed between yourselves on how the property should be divided then it is very much in line of the decisive factors amongst the members. The payment to the fourth son is justified for compiling documents.
Helpful?
17+
17+
Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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