• Grandmother property

Dear Sir

Here are the case points, I would try to keep it brief.

1. Property was bought 35years back, Grandfather bought it and it was registered in Grandmother's name (GM)

2. They have 9kids., Daughter1, Son1, Son2, Daughter2, Daughter3, Son3, Son4, Daughter4, Daughter5

3. Son2 have constructed a house in half a portion & Son1 deceased now his Son started a construction at half of the other portion

4. Our Grandfather was a priest & we have a private Temple with House--Where Son3 & Son4 are living since more than 40years

5. Now W/O Son4 (Son4- is deceased) had bought a stay on construction work of private property


QUESTION:

1. Does this property come under Ancestral Property Law? [Land was bought under GM name]
2. If Yes, then to whom all we have to distribute the property
3. How about Temple property where Son3, Son4 are living since years??
4. Son1,Son2 are govt. employees & Son3,Son4 were looking after Temple--Any dispute in distribution of property here
5. How can we take it forward for the property distribution among all.

Please help me out.

Thanking in advance.

Regards,
Amith Kumar V.
Bangalore.
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

It is not ancestral property

2) all children have equal share in property

3) even in temple property all children have equal share

4) enter into deed of family settlement for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

in respect of you it is the ancestral property as the property is in the name of your grand mother. it is not clear in your statement that your grandmother is alive or not at present. if she is alive , the widow of son4 has no right to restrain you from the construction. if she is no more, you as legal heirs of son1 file a partition suit asking share of both the house including income, if any, arising out of temple.

all the sons and daughter are entitled to get equal share of the property.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

1) in the house private temple has been constructed

2) house can be divided among family members

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

It was self acquired property of your grandmother but after her death it became ancestral property for her sons and daughters . Remedy available to all of you or any of you to approach court for partition and share by metes and bound as per your legal rights to have share.

Dhirendra Suresh Gautam
Advocate, Thane
15 Answers
2 Consultations

This isn't an ancestral property. An ancestral property is one which passes on from the great grandfather to the great grandsons, without any division; i.e., passes hands upto the fourth generation without being divided/partitioned.

This property will be distributed amongst all the 9 kids equally. For the sons and daughters who are no more alive, their 1/9th share will be inherited by their legal heirs.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. Does this property come under Ancestral Property Law? [Land was bought under GM name]

This will not be considered as ancestral property in character.

If your grandmother is not living then it will devolve equally on all her children i.e., including her deceased children.

Therefore all her nine children shall have equal rights in the property besides your grandfather if he is living, as successors in interest, provided your grandmother is not living now.

2. If Yes, then to whom all we have to distribute the property

Read the above answer.

3. How about Temple property where Son3, Son4 are living since years??

Temple property will belong to the temple trust, just because they are living there, they cannot claim ownership to the temple trust property.

4. Son1,Son2 are govt. employees & Son3,Son4 were looking after Temple--Any dispute in distribution of property here

Succession laws say that all are entitled to an equal share and the status cannot play any role in the distribution of the property.

5. How can we take it forward for the property distribution among all.

An amicable partition if all agree to the mutually agreed terms and conditions.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

How the temple property can be divided., Can you please brief it.

If the temple property is governed by the temple trust then this cannot be claimed by any individual on any basis, this will belong to the trust alone.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Yours does not happens to be an ancestral property and therefore all the legal heirs will have an equal share in the property.

Even in the temple property all the legal heirs will have the share.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also it is advised that you enter into the family settlement and divide the property accordingly.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please note property bought by your grand father will come under ancestral property and after his death all your grand father children will get equal share and if he had died after 2005 even his daughters will get equal share ...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

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