• Equal rights

My grandfather purchased a land of 3000 sqft in his name in the year 1988(all the daughtrs were married off before this) ,he built a house on the said land in about 1000sq ft, but the loan was taken in my fathers name from the bank and he(my father) repaid it within the stipulated time, my grandfather expired in the year 2000 and is survived by his wife , 1 son ( my father ) and 3 daughters, then how will the property be distributed
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

Since your grandfather died intestate and the property also remained on his name at the time of his death, the property left behind by him shall devolve equally on all his legal heirs namely his wife, all four children.

Thus your paternal aunts have equal share in the property at par with your father.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Daughters cannot claim her shares into the father's property. Because as per the  landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.
But father has expired in 2000, so even she files case, she will not succeed in her case.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

All the son and daughter including the grandmother shall have equal share in the property on intestate demise of the grand father as the property stood in name of grandfather and is self acquired property,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Since the property was purchased in the name of your grand father, he alone would be considered as it exclusive owner.

2. Now as your grand father is no more he can not correct this position by making any declaration on contribution of your father.

3. In that event this property is liable for equal division among all his children. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

Hello,

 

Since it was his self acquired property and he passed away without a will, therefore each of the legal heir will get equal share in the property. You father later can file a suit and claim money from other legal heirs for the money that he spent on the property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

On grandfather death grand mother , your father and 3 daughters woukd have equal share in property 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

If your grandfather died intestate then his property has devolved on his widow and all his children including daughters equally. The share of daughters is at par with that of sons in the self acquired or separate property of father irrespective of the date of marriage of daughters.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) Land belongs to Grand father and Building to your father.

 

2) If you want to give share to 3 daughters than talk to them and purchase their share or ask them to built as per your share building above construct part.

 

3) Plus need to check at the time of taking loan on your fathers name does the property was also transferred on your father's name. Because unless the property is on your father's name bank won't proceed with home loan

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Your father, grandmother and sisters of your father get equal share.  However your father has to prove that he exclusively spent a amount for construction of house and claim its own ownership for himself.  The others will have share in the vacant site along with your father.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since he died in 2000, that is before the law amended in Hindu succession act 2005, so it divided into 2 shares , i.e, for your father and his mother.

Your Grandmother share will be shared by all 4 kids.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

1. IF Grand Father did not execute any WILL, THEN his property should be claimed only by ALL the residual legal heirs and the Son (your Father) and Fathers legal heirs shall claim the house, based on the documentary evidence of the money put in it.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The land stands in the name of your grandfather.

 

2. The title of the building constructed on the land of your grandfather will be considered as of himself.

 

3. It is not clear how the bank has allowed the house building loan in the name of your father for constructing the house on the property standing in the name of your grandfather.

 

4.The said house will now be equally shared by all the legal heirs of your deceased grand father as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

The property belonged to your grandfather and hence it is an ancestral property irrespective of the fact whether it was paid for by your father or your grandfather. Therefore the property would be divided amongst your father his sisters and your grandmother.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Property will inherit by 1/5th each. Your father can claim construction cost from daughters. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

It will be shared by your grandmother, your father and siblings. If it is purely a ancestral Property if your grand father has other children it will be shared by them too

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

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