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Division of property and share of heirs
12-Aug-2023 (In Property Law)
We have immovable property in name of my Grandfather. He had 3 children. 2 of them including my father are no more.
The first son of my grandfather had 4 children. 3 sons and a daughter. First 2 sons are no more and are survived by their spouses.
Second son of my grandfather who is alive has 2 daughters. Both of them married.
Youngest son (my father) of my grandfather is survived by his wife and 2 sons (including me)
I need help in understanding how the property will be divided and what share each one has. Thanks.
If your grandfather has left no will and has died intestate then then the property shall be inherited by the class 1 heirs i.e. his wife (grandmother widow) and his 3 sons. All four shall inherit equally. The distribution is per stripe basis i.e. inheritance stops when the person is alive and goes on down further if he has descendants.
Your father, grandmother and other siblings of your father will inherit 1/4th share of the property. if grandmother is also deceased then 1/3rd share each
This 1/4th share or 1/3rd share will be further into 3 parts between your mother and your brother and you.
The rest shall also be divided along the same rules and daughters shall also inherit same shares as the sons
Your father, grandmother and other siblings of your father will inherit 1/4th share of the property. if grandmother is also deceased then 1/3rd share each
This 1/4th share or 1/3rd share will be further into 3 parts between your mother and your brother and you.
The rest shall also be divided along the same rules and daughters shall also inherit same shares as the sons
Helpful?
Hello, I have perused your query. In case If the property is ancestral in nature then each of the class one legal heir is entitled to equal share in the said property. You have an option to file for a partition suit in a civil court in order to crystallize everyone's share or right vested in the property. The partition then can take place by metes and bounds.
For further information feel free to contact me
For further information feel free to contact me
Helpful?
Adv. Love Kumar Soni
Goa | 200+ Answers
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