• My share in property

I am a 24 year old male from an affluent family. My grandfather was an ips officer and he passed away in 2007 without a will. I am an only child and the property was equally divided in 4 members - my grandmother, my father, my aunt (who is a spinster) and my uncle( my father's younger brother who is married since 1887 but doesn't have an issue). Rightfully I should have been included in the property but wasn't. My father, grandmother and aunt have all respectively made registered Will's naming me as their heir and successor. My uncle on the other hand has differences with my father and isn't too keen on giving me his share. We have a lot of property and family money and are one of the biggest landlords of my city. My father is a well reputed advocate and that's why I am a bit reluctant to consult any local lawyer. What ways are there to get the property to be divided into 5 instead of 4 because the extra 5% that my uncle is getting at the moment is worth a few crores too. I would appreciate your help and advice. Thank you.
Asked 1 year ago in Property Law from Pathankot, Punjab
Religion: Hindu
1) you have no share in your grand father self acquired property 

2) on his demise promise was rightly divided among grand mother , father , your aunt and your uncle 

3) they are free to bequeath property as they please 
Ajay Sethi
Advocate, Mumbai
24848 Answers
1337 Consultations
5.0 on 5.0
1. Whose property it is? If the property was owned by your deceased grandfather it was inherited, in the absence of a will, by your grandmother and all her children. Nobody else has any legally enforceable share in it.

2. Your uncle is at liberty to refuse to make a will in your favour of his property.

3. If the property is ancestral you have an equal share in it, but the division would still take place among all 5 of you.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
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1) was your grand father the only legal heir? did your grand father inherit it from his father by will ? 

2) if it is ancestral property you can file suit for partition to claim your share

3) ancestral  property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property.
Ajay Sethi
Advocate, Mumbai
24848 Answers
1337 Consultations
5.0 on 5.0
1. Since it is ancestral property you have an equal share in it which you can cull out by filing for partition in the court.

2. Before going to court issue a lawyer's notice to your father and his siblings demanding your lawful share, failing which you will be at liberty to sue them to get your share.
Ashish Davessar
Advocate, Jaipur
18884 Answers
474 Consultations
5.0 on 5.0
Legally speaking, the property though inherited by your grandfather from his father may appear to be ancestral in your view, actually it is not so. 
The property in the hands of your grandfather becomes his own property and due its intestate nature, it devolved equally among all his legal heirs namely, his wife and children.  Therefore the question of right to a share to the grandchildren does not arise.  If this is the legal position, where is your rights in the property and what is the base for your claim?
In fact, since your father is n advocate himself, you could have clarified this issue with him itself and had a first hand information. 
Your grandmother, your father and your spinster paternal aunt do not have anyone else to shower their love and affection within the close relationship than you hence as a token of their love and affection they have decided to  bequeath the property to you by  executing a registered Will in your benefit.   It is not mandatory for your paternal uncle to have the same affection n you and you cannot demand the same. 
As a matter of fact, the so called Will can be revoked by the testators any time before their death and they can even deny to part away their share of property on your name, so you cannot claim anything legally from any of them.
Thus, instead of agitating over the issue which is non-existent, do some spade work internally to avail the benefit and bring the circumstances favoring you. 
T Kalaiselvan
Advocate, Vellore
15343 Answers
141 Consultations
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