• How the Grand father property will get distributed

We are having ancestral property, it was registered on My grand fathers name. Both my grand father & grand mother are alive. 
My Grand father has 2 son's. Elder One is my father & younger one has died before his marriage at the age of 20 years.
My father has one son & one daughter. I am son of my father. I am married and having 2 children's (1 male & 1 female). Also my sister got married and having 1 child. 

Please let me know how the property get distributed if may grand father is not written any will.
and how to write the will if I want to get maximum share.
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Firslty, Sir, let me tell you that the property is the anscestral one of the same would have come to your grandfather by his father otherwise not as he is still alive.

Secondly, if the same is anscestral one then it would have shares of grand father, father, yours, your son, and your sister but she would have share in the father’s share once it comes to him.

Thirdly, rest, if the partition is sought on behalf of the grandsons that is you then your grand mother would also have a share in it.

Hope, it is clear now, rest of have any doubt then you can contact me through Kaanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

on grand father demise property would devolve on your grand mother , your father

2) you have no share in property during father lifetime

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. The property will be first owned by grandparents;

2. That portion will be sub-divided between their children;

3. The share of each generation is first determined and the successive generations in turn has to sub-divide what has been inherited by their respective predecessor;

4. Therefore approach a local lawyer and do the partition;

5. You can file a suit for partition.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Since the property is ancestral in nature, the ancestral criteria must be removed.

2. Let Grand Father execute a Family Settlement Deed, in your /sisters favor (with approriate percentages of the property) and subsequently duly transfer the same on the records, immediately.

The Said Deed must be mutually signed by all Legal heirs of the Grandfather and duly registered.

3. The above will safe-guard the property permanently and remove the tag of ancestral property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Property become ancestral, all have equal right after grand father`s death. Grand father can execute the WILL to distribute the property acc. his choice.

At present no one has any claim in the self acquired property of grand father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your grandfather dies intestate, i.e., without executing a will. his self acquired property will pass on to your father and your grandmother. Thus, your father and your grandmother will be the two stakeholders.

You can get the max share of this property by pursuing your grandfather to bequeath this property to you under a will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The transfer of ownership of property depends upon the will and consent of the property holder, the person can transfer the ownership to anyone of his/her choice.

A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to who whoever he desires.

If the Grand Father dies without leaving any Will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the Grand Father.

As the properties inherited by the Wife, Son(S) and Daughter(s) of the deceased would be treated as Personal property of those who inherit the property, no one else has any right to claim any share in the same property.

In case any son or daughter of the grandfather died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.

The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only, if the father is alive then she is not entitled to any share.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See first of all it is not ancestral property it is self acquired of your grandfather on his demise intestate that is without will the property shall go to grand mother and father equally.

Further to write a will it can be drafted by the Advocate and same can be signed by grandfather and 2 witness also it be registered with sub registrar so that its validity is not in question or challenged. The will has to be made by GF.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. if its an ancestral property then you already own an undivided share in the property

2. if its the self acquired property of your grandfather, then in case he does not write a Will, then after his demise, the property will go to his widow, mother (if alive) and children in equal shares.

3. grandchildren are excluded

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. Since your father is the only legal heir on the event of death of his father , the property left by your grand father would be liable for division in equal share among his son and his grandchildren.

2. So all the children of your father will be liable fro equal share along with the father of the property left by your grand father.

3. So each sin and daughter and the father will be entitled to 1/3 share in the property of grand father.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First of all you should understand the law that your grandfather's property is not ancestral property.

Secondly nobody can claim any share in his property during his lifetime.

Thirdly, after his lifetime, in the event of his intestate death, his property shall devolve on his own legal heirs i.e., your father and your grandmother .

They become the subsequent owners in respect of their respective share in the property.

Therefore neither you nor your sister can claim many share in the property during your father and grandmother's lifetime.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Till in his life time it`s self acquired property.

It is purchased by his own income, how come any person can claim in his property.

Now you have change the whole query. No where you have said it`s inherited from great grand father.

It`s ancestral property, all have equal share.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Property which has remained undivided for four generations is ancestral property

2) in your case property inherited by grand father would be regarded as his self acquired property

3) he is at liberty to dispose of the property during his lifetime or bequeath it to whom so ever he pleases

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

It would be considered as self acquired property of your father and hence is liable for division in equal share among his sons and daughters.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Property flowing from 3 generations upwards is known as ancestral property

That is great grandfather to grandfather to father to son/daughter

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

A Property which is inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. ... If the property is an ancestral property, the grandchild has equal share on the same.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Your grandfather might have acquired the property from his father, but since his acquisition as a legal heir/successor interest, he becomes the absolute owner of the property.

Thus it becomes his own and absolute property.

Your grandfather is living hence nobody including your father or your grandmother can claim any share in the property as a right.

He can dispose the property in any manner as per his will and wish and to any person during his lifetime.

If he unfortunately demises intestate then the property shall devolve on his own legal heirs i.e., your father and your grandmother.

Subsequently they will become the absolute owners of their respective share of properties.

You can go through the Hindu succession act for more clarifications.

Therefore you or your sisters or your mother do not have any rights in the property as of now.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. If the property was originally owned by your grandfather then it is not ancestral in your hands. Under Hindu Law a property attains ancestral character only and only if it remains undivided for four generations.

2. If your grandfather dies intestate i,e without making a will then property will devolve through intestate succession on your grandmother and your father. Your grandmother will then be free to transfer her share to anyone she desires during her lifetime. If, however, your grandmother predeceases your grandfather or dies intestate in respect of her share then the property will devolve absolutely on your father.

3. Your father will then be at liberty to transfer his share/property to anyone he desires during his lifetime through a gift deed or sale deed.

4. During the lifetime of your father you have no right, title or interest in his property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since the property was originally purchased by your great grandfather it would have attained ancestral character in your hands only if your father was not alive. However, during the lifetime of your father you have no right, title or interest in it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The property is Self Acquired property. Any property acquired and registered in name after partition or inherited and is not a hindu joint family of HUF property shall be the self acquired property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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