Share due for each member of the family in inherited property
11-Aug-2023 (In Property Law)
Respected Sir/ madam, This is in regarding property dispute within our family . My grandfather had bought a property which we are staying in right now . He has not left any will. My grandfather had three children my father Being eldest and younger brother and sister. My uncle( father's brother ) died in an accident in 87,who is survived by one daughter. After he died his wife had left to her father's place and staying with them . She had taken the accident compensation which was transferred to her daughter. After my grandfather father expired my father took care of my grandmother till the end as he is the eldest . But now , both my aunts who has one daughter (fathers' sister ) and my uncles widow are claiming for share of property equally. We are four sibblings 2boys and 2girls. Please suggest what is the property share due for each children .
Respected Sir/ madam, This is in regarding property dispute within our family . My grandfather had bought a property which we are staying in right now . He has not left any will. My grandfather had three children my father Being eldest and younger brother and sister. My uncle( father's brother ) died in an accident in 87,who is survived by one daughter. After he died his wife had left to her father's place and staying with them . She had taken the accident compensation which was transferred to her daughter. After my grandfather father expired my father took care of my grandmother till the end as he is the eldest . But now , both my aunts who has one daughter (fathers' sister ) and my uncles widow are claiming for share of property equally. We are four sibblings 2boys and 2girls. Please suggest what is the property share due for each children .
Ans:-all three children of your grandfather will get equal share
Ans:-all three children of your grandfather will get equal share
Dear Sir, It is quite interesting and complex issue. As informed your father's brother died in accident and his wife had taken the accident compensation. It is to be made clear that merely because she had taken compensation does not disentitle her from getting her share in the ancestral property. It is stated that your Grandfather bought the property and he has not left any Will and he had three children ie., your father being eldest, his younger brother and also a sister. As your uncle ie.,(father's brother) died, his wife and daughter are entitled to shares in the property. Even your father's sister are also entitled to share in the property. According to Hindu succession Act, all the co-parceners are equally entitled for shares in the ancestral property. You may contact good Advocate for better legal advice, and if advised, file suit for partition and preliminary decree for allotment of shares in the property and costs.
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