Does my fathers sisters have right in property claim

Question

Does my fathers sisters have right in property claim

Hi,

There is a piece of land in my village on my great-grandmothers name, and my paternal grandfather was the only legal heir to that property, he passed away in 2000. Until now none of my aunts talked about getting a share in that property, but recently they are demanding a share. what legal rights do they have on that property? Both were married before 1980 in the state of andhra pradesh, at that time my father conducted those marriages. They both have three children each, all of whom are married, and on of my aunt is widowed five years ago. My grand mother is around but not in the right state of mind. My father passed away 3 years ago.

My father has a younger brother who is not willing to divide this property between both of us(him and me) as he thinks a part of land(land unrelated to this) owned by my father(documents are on my fathers name) goes to my grandmother. Can I bypass him and claim my legal right without his consent?

what legal right do my aunts have on aforementioned (the one on my great-grand mothers name) property?

Hope I have provided enough information to get an answer.

Thanks,
Sridhar

Asked 8 years ago in Property Law

Religion: Hindu

Answer 1

Since the proeprty of your grand father was an inherited one from his mother,the same would be considered to be a ancestral property.

If that is so then on his death both your father and his brother gets the property in equal shares and your aunts have no sahre in it.

So you have only half share in it and you can not claim the whole of it.

You can sellundivided sahrein the proeprty without the cosnent of your uncle.

The half share of your father would be divided among you, your mother,brother, if ay and sister ( if your father died after 2005).

Devajyoti Barman

Advocate, Kolkata

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Answer 2

1) your aunts would have equal share in property standing in name of their grandmother

2) it is not ancestral property

3) on their father demise in 2000 they can claim equal share in property

4) you can file suit for partition for division of property by metes and bounds

Ajay Sethi

Advocate, Mumbai

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Answer 3

After your great-grandmother's demise the property owned by her devolved through succession on her sole heir i.e your grandfather, whereas the property further devolved on the widow and children of your grandfather. The share of your aunts is at par with that of your father, which they can cull out by filing a suit for partition.

Ashish Davessar

Advocate, Jaipur

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Answer 4

The property that is in your great grandmother's name shall devolve on her heirs.

Since your deceased grandfather was the only legal heir, upon his intestate, the property left behind by him shall again devolve on his own legal heirs consisting your deceased father and his own sibling, i.e. your uncles and aunts.

Your paternal uncle cannot deny you the rights in the property i.e., your rights over your deceased father's share in the property.

If they are not agreeing for amicable partition, you may file partition suit seeking partition and separate possession of your legitimate share in the property.

T Kalaiselvan

Advocate, Vellore

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