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Separation of property of grandfather
05-Feb-2023 (In Property Law)
I need clarification pls help me My grandfather had 3 children (1 son 2 daughter) . 1 daughter died in 1991. Son (my father) died in 2004. My grandfather died in 2009. 1 daughter and my grandmother alive. My grandfather didn't make any will legally. Now need to know how to separate (how many shares) my grandfather property. My grandfather had 2 house but instead of 1 house was he sell it and purchased 4 land . Inthat 4 land he registered 2 land himself name and 2 land he registered in her alive daughter name . Now we have 1 house and 2 land in my grandfather name.
As your father and another aunt died before your grandfather, their sons and daughters also shall be entitled to a share each, together with your grandmother and the surviving aunt, by virtue of intestate succession. Total shares four.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Hope your grand father was a hindu and based on that assumption in the case of intestate succession all the properties other than which was registered in the name of the living daughter will devolve upon the living heirs .
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Adv. G. Asok
Chennai | 200+ Answers
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it is better to convene a meeting among family members and thereafter with the consent of everyone the property can be divided and accordingly the said understanding be reduced in writing. The same need to be registered so that no conflict will arise in future. However you have not furnished regarding the details of property purchased by your grandfather either before or after the death of your aunt and son. Subject to that the same can be divided as per the law and under the succession act.
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