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What is the procedure for filing partition suit under Hindu law?
23-Jul-2023 (In Property Law)
My grand Mother inherited the property from her father. My grand mother passed away without any will in 2005. My grand father ( husband of grand mother ) too passed away in 2008. They have 3 heirs 2 sons( My father and his brother) and a daughter (My Aunt). Still now they property has not been partitioned. All the 3 heirs( My father, his brother and Aunt) are alive. My father has 2 heirs - Son(myself) and daughter (my sister). My fathers's brother has 2 heirs - Son and daughter. My Aunt has no children. So altogether my grandmother have 2 son, one daughter, 2 grand son, 2 granddaughter) Now we thought of splitting my Grand Mothers property. Shall we partition them into 7 parts( father, his brother, Aunt, 2 Grand son and 2 grand daughter) Is it Legal?? or we need to split only 3 parts( Aunt, my father and his brother) Please suggest...
Hello,
The children of the your grandmother i.e your aunt, your father and your uncle are entitled to equal share on your grandmothers property..
Legally, it can be partitioned directly to the grandchildren also, provided that your share comes out of your father share of the property.
However if your aunt is willing to accept a lesser share, then she can relinquish a portion of her share of fav our of her brother's who can then settle in their children's names.
Regards,
Aditya
The children of the your grandmother i.e your aunt, your father and your uncle are entitled to equal share on your grandmothers property..
Legally, it can be partitioned directly to the grandchildren also, provided that your share comes out of your father share of the property.
However if your aunt is willing to accept a lesser share, then she can relinquish a portion of her share of fav our of her brother's who can then settle in their children's names.
Regards,
Aditya
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Dear sir, I have seen your query, we need all title documents to peruse, based on perusal that we came into conclusion whether this property is ancestral property or is there any clauses affecting the title or file case or anything else.pls contact
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Adv. Gopinath Ramanadane
Chennai | 100+ Answers
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As per the hindu intestate succession. On your grandmother's demise the property already came into the hands of her 3 heirs as an undivided equal share. You hold the right only to the share of your father. However you can make other arrangements to share it between family members if all the members agrees to it by a deed of settlement or partition depending upon the ratio to be shared between the family members.
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Adv. GP Vijay
Chennai | 200+ Answers
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