Hello sir, I have a land plot which came in the of my father after my grandmother had died. After my father passed away, it is registered in the of my mom's name and us. My father were 5 brother and 3 sister. The land is not distributed yet and there is dispute among my uncles and aunts. We are in middle of this since last 10 years. We want to give our aunt shares to them and want to keep our own shares but my uncles do not agree. My local lawyer says that distribution is only possible when all the 5 brothers family agree to give share to aunts togetgerly. One individual can't say yes and has his parts divided. As land is not distributed so one individual can decide. I wanna know if it is true. As I am in this for last 10 year . I am willing to give every shareholder it's part and I want to have remains my own part. How can I proceed for that?
Dear Client,
Land will distribute by 1/8th each and your father 1/8th share will inherit in you (sibling) and mother. Make the oral partition and enjoy possession, whoever have problem, let them go to court. Than court will decide partition by metes and bound.
your lawyer has advised you correctly
2) all brothers have to agree to give sisters share in land
3) file suit for partition for division of land by metes and bounds
4) you and your mother would be entitled to one eight share of land
Yes consent of all legal heirs that is all uncle, aunt and legal heir of your father is required to distribute.this you cannot alone give consent and distribute.
So now either court will pass order of partition or you all shall decide mutually.
Does my aunts claim in their mother property is right as my grandmother was passed away in 2000?
Yes on intestate succession they have share even if grandmother demised in 2000 it is not ancestral property.
it is self acquired property of your grand mother
2) on her demise her daughters would have equal share in the property
3) if it is ancestral property then daughters would not have any share
4) property which has remained undivided for 4 generations is ancestral property
Yes, aunts have share in both parents properties.
1.If property is self acquired and After death of your grand mother if she leave a will then other legal heirs cannot have rights to claim in said property.
2.if Property is ancestral then daughters (your aunt's) would not have any share.
File case in civil court you as a plaintiff and your uncle as respondents to get your share.
Dear Sir,
It is better get file a partition suit by one of the aunty claiming partition of property. It will be ended in compromise.
If there arrives no amicable settlement for amicable partition then it is advisable that you file a partition suit seeking partition of the property with metes and bounds, good and bad soil and separate possession of your legitimate share in it as per law.
This will bring everyone to the court and the court will decide each individual's share accordingly.
Yes, your aunts are entitled to their legitimate share out of their mother's property as her legal heir or successor in interest.
If she is a legal heir is entitled to the same. The amendment to HSA of 2005 I'd father and daughter is alive in 2005 then only she is entitled to share. Still there is contradictory position before the SC and the matter is before larger bench for authoritative decision
1. Your local lawyer is absolutely right.
2. In this scenario the most apt remedy is to file a suit for partition in the competent civil court wherein the court will divide the property and put every heir in separate possession of his/her share.
3. Your aunts surely have a share at par with their brothers.
