• Ancestor property law in Andhra Pradesh

Hi,

My grandfather died in the year 2001 without write any will. He has one wife and 6 children(2 sons and 4 daughters).

elder son got more land(22 acres agriculture) with liabilities and other one got 5 acres land. they both made notary in the year of 2002 for this deal. At that time their deal,both children age were below 18.

Younger son sold his property to third person at that time itself for the low price.

in the year of 2011 elder son got registration from my grandmother and younger brother and remaining 4 sisters for that 22 acres. at that time also younger son heirs were minors.

Now they became majors. Does they have right to ask for equal share in the land now?

Regards,
Suri.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

younger son on attaining majority can ask equal share in land

2) on father death in respect of his property wife and 6 children would have equal share in ancestral land

3) if daughters , younger son had relinquished share in 22 acres they would not have any share in ancestral land

4) i presume relinquishment deed was duly stamped and regsitered

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. All the brothers and sisters have equal share on their parents said property.

2. Since the other brother was minor at the time when he had signed the registered document, the said deed was invalid.

3. All the remaining sisters and brother should now file a partition suit before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The question of heirs will arise only after the demise of the head.

The minor or major children of your father or uncle shall not be entitled to any share in their grandfather's property as the legal heirs of the grandfather are the successors in interest and not the grandchildren.

Therefore please be aware that the grandchildren are not entitled to any share in the properties during the lifetime of their father

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) if it was self acquired property of grandfather younger son daughters would not have any share in property

2) if it is ancestral property then his daughters can claim equal share in property

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

As I have given my opinion i my previous post, the grandchildren do not have any rights in their grandfather's properties when their respective parents are alive to inherit their respective shares in the properties..

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. At the time of the said registration the younger son 's heirs were minor. So the said registration of the deed was invalid.

2. They have all the rights to claim their shares of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the land in question was the self acquired or separate property of your grandfather then it is not ancestral property in the first place. Hence, on the demise of your grandfather it devolved through succession on his widow and all children equally. The children of the legal heirs of your grandfather have no share in the property during the lifetime of their parents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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