Share in grandmother's property
We are Christians. My grandmother had 4 children. Two were spinsters and the other two, one son and one daughter had their own families. As of now grandmother and 4 children are dead. There were 5 grandchildren out of which 2 are dead. Surviving grandchildren are 3 now. There is a site in the name of my grandmother. How can the property be divided now? Can be divided into two i.e for the two children who had families so that their children can take or will be equally divided among all the three grandchildren who are surviving? What does the Indian Succession Act say about this. Please reply.
Asked in Property Law from Bangalore, Karnataka
Yes, the property of the grand mother would be divided into two broad shares each belonging to branch of one son and one daughter.
The said one half would then again be divided among the children of one son and daughter respectively in equal shares.
1. Only the 3 surviving grandchildren are the shareholders of the property which exists in the name of your deceased grandmother.
2. If all the 3 surviving grandchildren are into a consensus with respect to the division of the property then the division can be done amicably by drawing up a deed of partition.
3. If there is no consensus among the grandchildren on division of the property then the shareholder desirous of getting his/her share in the property can move to court and file for partition to cull out his share.
1) As all the children of the grandmother are deceased the property will devolve equally among all the tree grandchildren that are surviving.
2) Therefore as per Indian Succession Act the property will have to be divided in three equal shares among the surviving grandchildren.
1) on grand mother demise each child had 1/4th share in property
2) on death of the 2 spinsters their share would devolve on the other 2 siblings
3) on death of the siblings their share would devolve on their legal heirs
4) make application for mutation of property in name of legal heirs .
5) enclose copy of death certificate of grand mother and children
6) deed of family settlement can be entered into division of property
7) have it duly stamped and registered .
8) contact a local lawyer
1. Grndmother's property will first be divided mongst her 4 children,
2. The said shares of her 4 children will be divided amongst their individual legal heirs,
3. The same process will continue to he present genaration,
4. If any children of the Grandmother dies intestate, his/her property will be devolved equally upon his/her legal heirs.
It will be divided into two equal shares for the two children who had families.