On demise of grandfather your grandmother, your father , uncle and his siblings have equal share in property

2) your uncle cannot be deprived of his share as your grandfather died intestate

3) your uncle can file suit for partition for division of property by metes and bounds

The law (applicable in your case Intestate succession hindu male) is on the death of grandfather the grand mother along with all the children of grandfather shall have equal share in the all movable and immovable property.

He cannot be excluded he has legal right he can file a suit for partition of the property,

Grand mother has right on her property in her name and her share. He will get the property share.

1. All the children of your grandfather, who died intestate, along with your grandmother shall equally inherit all his properties as per law.

2. At least now your grandmother can either register a gift deed or execute will in favour of any body in connection with her share of her late huaband's properties, if she does not ant your Uncle to get the share of her share of the properties.

3. You should keep quite now and let him file partition suit which you should contest fittingly putting your grandmother as a witness to affirm that your grandfather had verbally willed his entire properties in favour of your father in presence of your grandmother depriving your said uncle.

4. After years of fighting pending huge money towards litigation cost, if your Uncle wins the case, let the Court Commissioner divide the property left by your grandfather by metes and bounds.

1) If the property is ancestral, son/children have the right over the property. For the property to be ancestral, it has either to be inherited by the father from his father i.e. the grand father after his death or the grandfather, in his life time, have partitioned the property. But, if the father has got the property from grandfather as a gift, it will not be considered as ancestral property

2) After death of the father the property shall devolve as per the will, if any, left by the father or through intestate succession as per the relevant personal law.

Dear Client,

If your grand father has died intestate then after his death the property would be divided equally among your grand ma, and all the sons and daughters of your grand father. In case any of the son or daughter has pre-deceased him then to the LRs of that person.

Adv vikas khatri

Firslty, for the self acquired property, there has been a law of Succession if no will is there.

Secondly, which says equal division of property after getting the succession certificate from the court of Civil law.

Thirdly, and for the anscestral property, there has been a law of inheritance whcih says any coalescence can ask for his share without needing the consent of the others.

Fourhtly, so, from the present query if yours, it seems that you can’t put hold on your uncle for asking share in both the properties.

Fifthly, but, yes there may be a situation.m where you may be able to save at least self acquired property somehow.

Hello,

Since the grand father has passed away without a will, he has a right in the property as per the Hindu Succession Act.

If you will deny his share to him then he can file a partition suit and claim his share in the said property.

Regards

As your grandfather died without any will, your uncle has a right to claim share in his property. He is a legal heir and even if all of you do not want to give him property he is entitled to get it.

1) If it is ancestral property than you all have to make the division of the property.

Its ancestral property and not self earned by grandfather. As per succession act if your grandfather were alive than also in ancestral property your uncle habing share in it and he has fully rights to ask for partition of the property for his interest in his share.

Turms with the family is now immaterial and he have all the right to get his share from the property of his father and ansestral property as father died interested without writing a will so all the property will be divided equally among all the legal Heirs including the grandmother.

This can be done through your family settlement deed to partition the property and same can be validated by a Civil Court case in this regard and on the order of Civil Court it will be mutated tune tehsil

uncle being a legal heir of grandfather, will have a legal share in his property and therefore can ask for division or partition

1. Since Grand Father passed away without making any will, ALL the residual Legal Heirs of the Grand Father, shall have EQUAL right over the deceased's properties, without any exceptions.

2. Uncle, being a Legal Heir, CANNOT be excluded from the deceased's property, in any manner.

3. Either Settle amicably since court procedures would prove costly and lengthy.

4. Also try to trace any will that Grand Father might have made and kept with some friends /relatives. It would be worth a try.

Keep Smiling .... Hemant Agarwal

It is not your grandmother's desire or decision to not to give any share in the proeprty to your uncle.

He is entitled to a legitimate share in the properties left behind by his father upon his intestate death.

In fact your uncle is entitled to an equal share at par with your grandmother, your father and other siblings.

Instead of fighting a stretched legal battle and getting stressed over the long and never ending litigation, you people can sit and talk about the formalities and partition the properties amicably so that you can avoid all those tensions and harassment etc.

In any case he is entitled to a share as per law, so it is better to arrive at an amicable settlement by mutually agreed conditions to avoid unnecessary legal hassles.

This is my response to you:

1. Your uncle has claim on both the personal and ancestral property of your grandfather;

2. You will have to file a partition suit;

3. You can reimburse him for his share in the properties so that he gets no share;

4. Otherwise there is no other option out of this;

5. Maximum your grandmother can file a case against him under Maintenance of Senior Citizens Act.