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Family or non-family consideration for partition deed


06-Sep-2023 (In Property Law)
Hello sir my grandfather (X) had a piece of land and he died without a will. My father (A) and his sibling (B) were natural heirs grandfather. I am the only son (C) for my father and my uncle (B) has two sons (D & E). I am not married yet, whereas D & E are married and have a kid each. Since my father had 50% rights to the property, I inherit the same. Remaining 50% should divide among D&E. All X, A, B and their wives are dead without any will. Also one of my cousin (D) is also has died recently. Now, all 4 surviving heirs (C, E, wife and kid of D) would like to do a partition amongst ourselves. Please advise if this partition deed will be considered as Amongst nfamily members or non-family members? What would be registration charges for the state of Tamil Nadu?
Answers (2)

Answer #1
850 votes
C will get his father's share of 50 percent of the property of the grandfather. E will get 25 percent share in the property. The wife and kid of D will share the remaining 25 percent share as 12.5 percent each. C will get the largest share.

Answer #2
768 votes
Considering you all as Hindus...

Point No1: Yes you are entitled for 50%

Point No 2: Since there was no partition between A and B... it is undivided family property.

Regarding registration charges and other expenses... better go and meet an advocate of your area.

If you are in Chennai or at Tirunelveli I can help you solve your issue. Good luck.

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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