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How to divide property of my great grandfather
13-Jun-2023 (In Property Law)
Our property is on my great grand father name. He died. He have two sons(one of the son's is my grand father, second son not married) and one daughter(have one son). My grand father have two son(one is my father) and a daughter(have one son). Note: my grandfather died before 2005 and we are Hindus. Who all have the full rights to the share in property?
If the property belonged to your great grandfather and he has not made any arraignment towards the property during his lifetime, the property shall automatically fall on his legal heirs, after that if those legal heirs did not partition the properties and it has fallen to their next generation heirs, then the properties if again not partitioned among the said heirs of this generation then the properties will fall in the hands of the next generation heirs. This will be considered as ancestral property and the heirs of this generation shall be termed as coparceners. Thus after your grandfather's death, your father will be entitled to a share in this property out of which a share to each of his children shall be allotted/distributed.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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As per hindu sucession for properties located within tamilnadu, A hindu male dying without a will after 1989, all his children (including female child) will get a equal share along with the widow. Also check whether there was any partition took place between the your father and uncle during the lifetime of your grandfather.
It will devolve as per class 1 under normal succession. Should also need to check whether your great grandfather property comes within the preview of coparcenary property.
It will devolve as per class 1 under normal succession. Should also need to check whether your great grandfather property comes within the preview of coparcenary property.
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Adv. GP Vijay
Chennai | 200+ Answers
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