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Grandfather died intestate how will the property share be divided
26-Dec-2023 (In Property Law)
My grandfather owned a dda flat in Hari nagar in delhi. He and my grandmother are no more now and my grandfather did not leave a formal will nominating a subsequent owner of the property. He had 5 children; 2 daughters and 3 sons. My dad (the eldest son) has pass d away as well. So I presume the rightful owners of the property now are my remaining 4 aunts and uncles and my mother (on behalf of my dad). Please correct me if that is not the case. We want to sell off the flat now but need your advice on how to go about doing that. Please note that not all my aunts and uncles live in delhi. In such a case what do we need to do to be able to sell off the flat. I would really appreciate your quick help on this.
Dear Sir
in the said case it will all depend upon when your grandfather died. since before 2005 the position of law was different and the daughters were not given any share in the property of the father if he dies intestate. so if your grandfather died before 2005 then only the sons i.e. your deceased father and your uncles have the right in the said property and no one else and you and your mother in your fathers's share will be divided equally. You all need to have a succession certificate to sell the same or if you can find a buyer to purchase the same as it is then there can be no problem.
in the said case it will all depend upon when your grandfather died. since before 2005 the position of law was different and the daughters were not given any share in the property of the father if he dies intestate. so if your grandfather died before 2005 then only the sons i.e. your deceased father and your uncles have the right in the said property and no one else and you and your mother in your fathers's share will be divided equally. You all need to have a succession certificate to sell the same or if you can find a buyer to purchase the same as it is then there can be no problem.
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Adv. Harshit Jain
Delhi | 100+ Answers
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You can go ahead and take NOC from all the legal heirs and can move ahead with the sale of the same flat.If at all any of the legal heirs is creating problems in the same then it would not be advisable.Therefore a Agreement to sell purchase can be executed if all are ready.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Dear querist,
In the absence of a WILL if the property is self acquired by your grandparents, it is to be equally divided amongst their 5 children.
As mentioned, since your father is also no more, his share will be bequeathed in your mother and you and your siblings.
It is most advisable that an out of court separation/ partition deed is entered into between the heirs.
For further options and description, please contact the undersigned.
In the absence of a WILL if the property is self acquired by your grandparents, it is to be equally divided amongst their 5 children.
As mentioned, since your father is also no more, his share will be bequeathed in your mother and you and your siblings.
It is most advisable that an out of court separation/ partition deed is entered into between the heirs.
For further options and description, please contact the undersigned.
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Adv. Tanu Malhotra
Delhi | 25+ Answers
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For making any confusion regarding sale of your property first of all you have to enquiry about your property ownership from Registrar office only then you can know about the owner of your property this is where is simple step which you can do and if there is any problem you can communicate with your lawyer
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Adv. Siddharth Dev
Delhi | 200+ Answers
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You need to serve a legal notice through a lawyer to all legal heirs as there is no Will asking for partition and if all agree then can do that through a family settlement duly registered in favour of one LR otherwise file a suit for declaration and partition. For details and or legal help if you so desire may contact through this website.
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Adv. S P Srivastava
Delhi | 200+ Answers
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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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