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