1)you r grand mother had one fourth share in property
2) on her demise her one fourth share will devolve among all her children equally
3)all 7 children will have equal share in the grand mother share in property
Division of property
Dear Sir, We have land and farm owned by my Grandmother, My father and two uncle, all names are appeared legally in above properties. Now my grand mother died and my aunty I.e my father's 4 sisters claiming their share in the property, so legally how the property will be divided. 1. First it is divided to the owners i,e one share of my Grandmother ( 25 %) and three shares between her 3 sons. ( 25 % each ) 2. Out of my Grandmother share( 25 % ) again it is divided between 3 sons and 4 daughters ?? Is this correct way of division, please advice.
Asked 8 years ago in Property Law
Religion: Hindu
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3 Answers
1. First it is divided to the owners i,e one share of my Grandmother ( 25 %) and three shares between her 3 sons. ( 25 % each )
2. Out of my Grandmother share( 25 % ) again it is divided between 3 sons and 4 daughters ??
Is this correct way of division, please advice.
If the property registered title deed has the names of all four i.e., your grandmother and her three sons, then your grandmother is entitled to 1/4th share in the property.
Upon your grandmother's intestate death, her own legal heirs i.e., your father and his siblings are entitled to have the property partitioned equally among themselves and each of them shall be entitled to one such share.
1. i think that it is your grand father's self acquired property and after his death it was devolved in your grand mother. if it is right then your grand mother had limited right in the property. if 100% property was devolved in the name of your grandmother then it shall be divided equally among 7 parts i.e. 3 sons and 4 daughters.
2. if your grandmother had reversioner right [ 75% already devolved in your father and uncles] and entitled to get 25% shares only then it shall be divided in 3 parts i.e. in your father and uncles, because according to judgment of phulwati vs prakash 2015 your aunts have no right to claim in the property which has already devolved in her brothers. according to this judgment property had already devolved in your grand father's legal heirs, your grand mother had limited right and her property shall be devolved in her sons only.
