• Grandfather's property partition

My grandfather had 14.8 acres at the time of his death in July 2004. My grandfather has 6 daughters and 2 sons all alive today. Recently I checked in the sub register office , it is when I got to know that 2 brothers and one sister have divided the property among themselves by mutual agreement with the brothers getting 7 acres each and sister 0.8 acres in Oct 2004, and no registered will submitted.But my mother tells that the brothers have told that my grandfather left a will saying 7 acres to each of the brothers, but don't know how far is it true.,In due course of time between 2004 to 2015 each of the brothers have sold off 3 acres each, with total remaining property of one brother 4 acres, another brother 4 acres, and one sister 0.8 acres. 
Can I or my mother claim any share in the the property. And that is my grandfather's self acquired property. And they did not submit any registered will but the documents say it is only mutual agreement. 
Can I claim for the share of 14 acres or only 8 acres which is left now. And how do I file a partition suit if at all there is a chance that I can claim any of it.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Christian
First of all you do not have any right to claim any share in the properties left behind by your mother's father.
If at all there is any claim to be made only your mother can make provided  there is no will and the properties have been  settled among themselves without giving anything to your mother.
She can file a partition suit seeking separate possession of 1/8th share out of the entire properties including that have been sold by her brothers. 
You can consult a local lawyer and arrange to file a partition suit in the name of your mother, you can file on her behalf as her GPA by filing an additional application under order 3 rule 2  of cpc. Your advocate will let you know the procedure.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. Even if your grandfather executed a will leaving equal share for every children this does not prevent his children from executing a deed of partition to get a lesser or greater share than the share given to him/her by their father through his will.

2. If you are referring to your maternal grandfather then your mother has an equal share in the property if her father died without making a will, whereas if he executed a will then her share will be governed according to his will.

3. Your mother is at liberty to file for partition in the court to cull out her share.

4. You have no share in the property of your grandfather during the lifetime of your mother.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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In your case,if there is no will, your mother has legal right of 1/8 the share over your grand father's total property (14.8 Ares).You have no right over grandfathers property and you can't file a  suit against the legal heirs of grand father for getting share .

Your mother will file a partition suit for getting her 1/8 share in the property of her father.The new purchasers of the property also including the parties in the suit for getting further litigation. Consult a local lawyer for filing the suit. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
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1) if your grands father died intestate each legal heir would have 1/8th share in property 

2) the partition made by 3 of legal heirs can be challenged by your mother in court . the consent of all legal heirs would be necessary 

3) your mother should issue legal notice to her siblings and file suit to claim her 1.7 acre share in land 

4) also    seek an injunction restraining her brother/ sister from selling any land which was owned by your grand father 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
A. As per the Law in Chritian Community: Where an intestate (without will) has left a widow and if he has left lineal descendants, that is, children and children’s children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow. Where the intestate has left a widow, and where there are no lineal descendants, the widow’s share is one half of the estate of the intestate, as is provided under section 33(b).

B. Where an intestate has left no child, but only a grandchild or grandchildren and no other remote descendant, the property shall belong to the grandchild if only one grandchild is left by the intestate of if there are grandchildren, the property shall belong to the surviving grandchildren in equal shares. It means that in a situation contemplated under this section, the distribution is per capita and not stirpital

C. Where a Will was executed by a deceased, succession to his property is regulated by the provisions of the Will. If an executor is named in the Will, he has to get the Will probated as it is mandatory under section 213 of the Indian Succession Act.If no executor is appointed by the Will, anyone of the persons claiming a right under the Will can file a petition for obtaining letters of administration as is provided under section 219.

D.  Therefore, in the absence of a Will a suit can be filed for establishing the rights which can be followed up by partition. Against a preliminary decree in a suit for partition an appeal will lie and Final Decree will be drawn up only after the decision in the appeal. To give effect to the Final Decree, in case of difference of opinion among the parties, execution proceedings will have to be instituted. For and on behalf of the deceased, the grantee of probate or letters of administration alone shall have power to sue or prosecute any suit or otherwise act as representative of the deceased as is provided under section 216.(Sources Internet and law books)
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
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1. It appears that fraud has been committed while deviding your grandfather's property in three parts,

2. had there been a Will, the legatees were required to apply for grant of probate for which all the legal heirs of your grandfather would have received notice to enable them to contest or agree for the application for probate,

3. Since you had not received any probate notice, it is sure that there was no grant of probate of any will of your grandfather and without probate, a Will has no better value than a piece of scrap paper,

4. Lodge a ploice complaint for cheating you and your mother against the two brother and one sister,
 
5. File a partition suit claiming your share of the property,

6. Also file a declaratory suit claiming for declaration that the said division of your grandfather's property amongst only three legal heirs is void and also pray for direction upon the registrar to cancel the said registration and also all subsequent registration.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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