• Hindu family property division.

Respected sir/madam,
we have a property dispute in our family. we have some pieces of land in the name of my Great grandfather. on some pieces of that land my grand father constructed 3 buildings. my grandfather also has some piece of land on his name. my grand father has 2 sons my uncle and my father. my uncle has 2 sons, whereas my father has a son (myself 30 yrs old) and a daughter. 
my great grand father has only son(my grand father) and 3 daughters. he didnt partition the property or leave a will. 
questions.
can my grand father leave a will? 
how will the property be divided if we go to court? as there is a issue between my father and uncle. my uncle claims his in-laws gave 1lakh in cash to my grandfather during his marriage , and now wants land equivalent to what 1 lakh would have got in 1985. then the remaining property to be equally divided. Please advise.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Hello,

Yes your grand father can leave a will for his share in the property.

That can not happens, if you approach the court for partition of the land then the same will be divided as per the share of each legal heir as per the Hindu Succession Act.

Also, if he claims so then he will have to prove the same, saying a thing orally does not have any value in the eyes of law.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If your grandfather is alive, he may leave a will with respect to his self acquired properties.

2. The claim of your uncle is misconceived. If your uncle is not ready to divide this property on mutually agreed considerations, your father must approach the Court and file a partition suit.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Grand father can execute will for his share of property inherited by him

2) on grandfather demise intestate your father and uncle would inherit the property

3) your uncle cannot claim property equivalent to any cash given to grandfather

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Since your great grandfather did not leave a will your grandfather has no right to make a will on property of grandfather. Secondly your grandfather can only make Will on property which he had self acquired by his income.

Now if your father claims partition if your grandfather Is alive then your grandfather his sister's your uncle and your father will be entitled to equal share on property.

Your uncle cannot claim any share based on ground that one lakh was given to him during his marriage unless he can show that it was given to joint family property for its benefit.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes your grandfather can make a will for his share of property.

On demise of grand father the property shall be equally divided the uncle cannot claim that one lakh rupees extra land before court as his demand is illegal and cannot be considered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

When Great Grand father died, after 1956 than his properties inherit in 1/4 share in his children.

Grand father can WILL properties which acquired by him and in his name. Personal Properties.

In ancestral properties ( Great Grand Father ), he can bequeath only up to his share in the properties.

As no partition is effected in the properties, if u will go to court, properties of great grand father will devolve also in daughters of grand father, great grand children along with father and uncle.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Your grand dad can make a Will of his share in the ancestral property.

2. The uncle can be returned the 1 lac instead of a stake in property

3. You can either partition the property by metes and bounds between the coparcenors on mutual basis by entering into a Partition Deed OR if your uncle is not agreeable then a partition suit will have to be filed in court

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Your question: can my grand father leave a will?

Answer: Yes your grandfather can make a will. Provided the property is self-acquired property. If it is ancestral property then he can only make will for only his share of the property;

Your question: how will the property be divided if we go to court?

It will be divided as per the sections of the Hindu Succession Act. The first priority will be given to the Class I heirs;

It does not matter that your uncle claims to have given 1 lakh in cash. There has to be documentary proof. If it is not there the transaction is not recognised in law.

This is my advise to you:

1. Ask your grandfather to make a Will;

2. If you have disputes apply for Partition Suit in court;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi, As the property is the Ancestral property your grand father can't execute the Will and further all of you will get the equal share in the property.

2. If you want to share in the property then you need to file suit for partition before the Jurisdictional Court.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

Yes, your grandfather can make a testamentary disposition of the properties he owns.

During the lifetime of your grandfather if he is not willing to partition the properties, nobody can force him, however, after his lifetime and that too intestate death, the properties shall be divided equally between all his children.

Your uncle's claim that his in law has given money then cannot be claimed now.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

See, as per your query it is quite clear that the whole property at present is in the nature of Anscestral property.

So, if you go to court then it would be diluted as per inheritance law, and would be divided equally.

Rest you can have a detail conversation with me through Kanoon for actual share of each of you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi

1) Since the land belongs to your great grand father, it is an ancestral property in the hands of your grand father, your father and uncles and their siblings.

2) Also in all likelihood, the property standing in the name of your grand father was also obtained through funds derived from ancestral property and hence the properties standing in the name of grand father will also assume the character of being ancestral property.

3) Assuming your great grand father was alive in the year 1956 and his daughters(your grand aunts) were married prior to 1986(prior to amendment of Hindu succession act by Shri.N.T.Rama rao) , the property will vest on your grand father only, but it will still be ancestral property. If daughters (your grand aunt's) were not married till 1986, then the property will vest with your grand father and his sisters(your grand aunt's).

4) Assuming your grand father alone was vested with the ancestral property, The property by virtue of it being ancestral property will be governed by Section 6 of Hindu succession act and as such your grand father can execute a WILL pertaining to his share of property (after his share in property is computed under Section 6 of Hindu Succession act). i.e grand father, your father, your uncle(father's brother), 2 sons of your uncle, 2 children of your father(i.e you and your sister) and grand mother

5) Your grand father would have got 1/8 share of ancestral property and he can execute a WILL to the extent of 1/8 of his share of property Only.

6) Since your uncle claims that his in-laws gave 1 lakh to your grand father, it is actually a dowry received by your uncle and as such it will be illegal to claim the said amount in the first place. Also the said money can never be accounted for in the year 2018 as your uncle if at all wanted to claim his share of property equivalent to 1lakh should have claimed the land way back in the year 1985. Law of limitation will NOT permit the said claim of 1 Lakh by your uncle and hence you can ignore the same.

7) Also any monies so contributed to common hotch pot of the ancestral family properties, cannot be claimed at a later point of time and it is only the present state of properties that are liable to be partitioned and hence the claim of your uncle will not pass the test of law.

8) Assuming you file a suit for partition in the court, the properties will be divided in equal shares between all of the co-parcenors( i.e grand father , grand mother(if both are alive), your father, your uncle(father's brother), 2 sons of your uncle, 2 children of your father(i.e you and your sister)

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear Sir,

Property can be divided equally among siblings/children of your grandfather. If your uncle claiming more share then ask him to go to Court or file a suit for partition through your father. Proving payment of Rs. 1 lakh to your grandfather by the in laws of your uncle is very difficult. You will succeed legal battle.

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What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The property can be divided and partitioned mutually through a Registered partition deed or you can approach the court. Yes he can execute a will.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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