Can children claim equal share in intestate property of father

My grandfather passed away in the 1990s without leaving a will. My grandmother,his widow, is still alive and she has 5 sons and 3 daughters (all married with children). The brothers are not in good terms with each other and they cannot agree on who gets what as the residential property is less but there is 6 acres of agricultural land. There is one abusive brother who says he wants the whole property for himself. What should my father do to claim his inheritance?

Answers (2)

270 votes

After the death of grand father the right in the property distributed among his legal heirs equally even other wise he is muslim. The religion of the deceased determines the succession to his estate. For example, succession among Hindus is governed by the Hindu Succession Act, 1956. As such, Christians in general are governed by the Indian Succession Act of 1925 for succession purposes.
Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired, and may devolve in two ways:
1. By Testamentary Succession, i.e. when the deceased has left a will bequeathing his property to specific heirs
2. By Intestate Succession, i.e. when the deceased has not left a will, whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve.

Intestate Succession among Indian Christians.According to the Indian Succession Act, 1925, a Christian widow is entitled to one-third of her husband’s property. All children get an equal share in the remaining property.

Your father can file a partition suit for getting his share

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

58 votes

All the legal heirs are entitled for a share in the property of the deceased grand father. That means his children will get equal share and wife and other legal heirs if any depending on the religious personal law will get the respective shares too. If any of the sharer is not ready to partition the property, the option available to other sharers to file a case for partition before the civil court of that area. Court will determine the shares eligible for each person and thereafter appoint an advocate commissioner for physically dividing the property to each sharers.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles