• My father away then my grandfather also passed away in same year without any will

Hello there, 

I am from Delhi. My father was passed away in 2012 and after 4 months my grandfather also passed away. I have my 2 chachu(my father's brother) alive, my bua alive(my father's sister) and my grandmother alive. I have one elder brother and my mother. What's our portion in property.

Thank You
Asked 4 years ago in Property Law
Religion: Hindu

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24 Answers

The property of your grandfather will be divided into 5 parts one for your father two for your Uncle's one for your aunt and one for your grandmother after the demise of grandmother her property will be divided into four parts and your father will receive 1 share the entire property of your father will be divided into his legal hair including your mother and sister

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If your grandfather died without living will all the legal heirs of your grandfather will have equal share on property. That is your father will be entitled to 1/5th share in property. And you children will be entitled to the share which will come to the portion of your father I.e. further divided from 1/5th share you your brother and mother will be entitled equally.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir you, your elder brother along the mother shall receive your father's share equally that share will be 1/5 share in property.

After grandfather one share of grandmother and 4 children ( including your father , chachu and bua ) in the case when your father predeceased your grand father his legal heirs will receive his share in property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You all can collective apply for mutation of property in your respective name and if possible by mutual agreement can carry out partition of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please note that a property cannot be without title as soon as your grandfather expired this will automatically be wasted in the legal Heirs of him

If the property is ancestral in nature no will can be made by your grandfather in favour of any person and all the legal Heirs will have equal rights on the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You three jointly can file a partition suit before the court for demarcation and diving your share in the property. The court shall pass a degree of partition. Partition suit has to be filed in the local civil.court at proper jurisdiction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If a HINDU grand father who owns any self earned property dies living the property without his WILL then such property shall be inherited in accordance with law laid down in section 8 read with heirs mentioned in class I of the schedule I who are:... Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Since the property is owned by your grandfather it has devolved through intestate succession on his widow and all children equally within Section 8 of Hindu Succession Act.

2. The share of your father has further devolved through intestate succession on his mother, widow and all children equally.

3. Your father's legal heirs i.e his mother, widow and children are free to file a suit for partition to cull out their share in the property. Also seek injunction to restrain your uncle from dispossessing you from the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Your father one fifth share in grand father property would devolve on your mother ,you and your siblings equally

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Since grand father died intestate apply for mutation of property in name of legal heirs

2) enclose grand father , father death certificate

3) latest receipt of payment of property taxes

3) your mother , you and your brother should file suit for partition for division of property by metes and bounds

4) seek injunction restraining sale of property by uncle

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

File partition suit as advised herein above

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi, it is advisable to file for suit for partition in court to claim your share in the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

All the class 1 legal Heirs of your father including you will have one-fifth in your grandfather's property.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You, along other class 1 legal Heirs of your deceased father should file a partition suit in Civil Court for claiming your share in your grandfather's property.

Also, you should file for permanent and mandatory injunction, with interim stay against your uncle restraining him from creating any third party interest in the property or to disturb your possession in any way whatsoever.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

This is my response to you:

1. First send him a legal notice;

2. Since your grandfather died intestate everybody has a claim on it;

3. Then if he does not agree then file a suit for partition in the civil court;

4. Try to claim injunction on the property and then ask the court to equally divide it;

5. Do not worry you have a share in the property as per the Hindu Succession Act.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Your grandfather's property will be equally divided into your grandmother, father, 2 uncles and bua.

Then your father's share will be equally divided into your mother, you and your brother.

Without transfer or will papers your uncle cannot claim whole property. Get succession certificate and file suit for partition.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, we have to see the nature of property as to whether it is the anscestral one or self acquired.

Secondly, if it is the self acquired then it will go as per the Succession law to all the legal heirs in the absence of any will.

Thirdly, and if they saying that they have will then I advice you to file suit for partition as Hindu Succession Act then it would be clear as to whether they have any will or not.

Fourthly, now, if the property is anscestral one then it would divide as per Law of Inheritance, and would be divided equally amongst you all.

Fifthly, here also you will have to file a suit for partition as per Law if Inheritance.

Sixthly, but, for both the process you first have to get the succession certificate from the civil court to claim your right.

Rest you are free to contact me through Kaanoon for getting your chart of each persons share in the property in both the cases.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Property of grand father will distribute between his legal heirs i.e. 1/5th each. 4 children and wife.

Your father 1/5th share will devolve in You , brother and your mother.

You can file partition suit to claim separate and actual share in the property with full ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As your grandfather died after your father, your grandfather property will go to his widow (if any), his children (your uncles and aunt) and children of predeceased son (you and your brother)

If your uncle is denying your share, then you will have to file a partition suit in court to claim your share and your brother's share

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You havent stated the actual nature of the property was it ancestral or self acquired . You can bring upon a suit for partition where the court would interfere and rights would be provided

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Whose property it is?

If it is lying on your deceased grandfather's name then it will devolve equally on all his legal heirs which will include your deceased father.

Thus the property can be divided into five equal parts and your family shall be entitled one such share.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Property Is Still on my Grandfather's name without any will

Hence it will devolve equally on all his legal heirs.

The property can be divided into five equal shares and you and your own family members shall be entitled to one such share

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

One of my uncle is trying to acquire all property (He always says that our grandfather had gave all property to his name before death, but whenever we ask for papers he never shows he just says you can leave without any share and we know that grandfather haven't made any will). My mother is getting high stress due to this and we want to separate now , What I can do claim our portion(me,mybrother,mymother) in property?

If that paternal uncle is creating problem, you can immediately file a partition suit and claim separate possession of your legitimate share in it.

In the same suit you can also file an application seeking to restrain the defendants from creating any encumbrance or alienating the property in any manner till the disposal of the main suit as an interim injunction

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may start from filing of a partition suit and your share including of your mother and sister will be 1/5 th of the property of grandfather because the same would be divided in 5 parts. So, file suit of partition and declaration along with injunction.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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