How to go about distribution of family owned land property

615 votes

THE LAND WHICH IS ANCESTRAL (I.E. FOUR GENERATION UNDIVIDED) IN NATURE WILL BE DIVIDED EQUALLY AMONG THE COPARCENERS (A COPARCENERACQUIRES A RIGHT IN ANCESTRAL PROPERTY BY BIRTH), SELF ACQUIRED PROPERTY COULD BE DISTRIBUTED ACCORDING TO THE WILL , WHILE THE ANCESTRAL PROPERTY WILL NOT BE AT WILL.

Advocate Ramit Sehrawat LawRato

802 votes

Grandfather property succeeded only to his son and daughter and wife.
Please read schedule read with section 8 of Hindu succession act.
THE SCHEDULE

HEIRS IN CLASS I
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre- deceased son; widow of a pre-deceased son of a pre-deceased son.
Section 8:- General rules of succession in the case of males.
The property of a male Hindu dying intestate shall devolve according to the provisions of
this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives
specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of two classes, then upon the agnates of the deceased; and
lastly , if there is no agnate, then upon the cognates of the deceased.

That means you will not get any share if your father is alive.

LawRato LawRato