Your query is silent as to person in whose name property stands in revenue records
2) on his demise intestate property would devolve on his wife and children
3) any of legal heirs can relinquish or gift his share in property
Share in property
We have a property in Goa. My dad has 2 brothers and 1 sister = 4 One of the brother does not want share in this goa property. My dad has passed way.. my mom is taking care of us My Dad is the eldest brother. My mom = 2 Daughters... Age = 38 and 34 years old My Dad's Younger Brother = 1 Daughter 1 Son.. Age = 28 and 25 years old. MY Dad's Younger sister = 2 Sons = Age = 30 and 26.. My Younger Uncle has now decided that the property which is in the name of my Grandfather... will directly be transferred to us the grandchildren = 6 My Mother is the widow of my father... the family is not involving us much in the decisions... hence we are worried if we won't get our equal rights.. My question here is : When the property gets on the name of 6 people.. How is it divided equally ?? Hope it is nothing like girls will go in nominee and boys will get important rights.. I and my sis are the daughters of the eldest son.. hence can we ask the family to put our names 1st in line... How does 6 peoples name come on the will equally?? Can someone from them try to fraud us and not give us our share .. What all we have to keep in mind and how to deal with this situation... Dear Respected Sir/Madam, Any of your views and advices will be highly appreciated. Thankyou so much, Best Regards Avita
Asked 3 years ago in Property Law
Religion: Christian
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8 Answers
The provisions of Indian succession act would be attracted in this situation.
As per the law, all the shareholders may have to transfer the properties in favor of all the grandchildren by making six schedule of properties and allot one such share of schedule of property to each beneficiary by jointly executing a registered gift deed in favor of all the grandchildren/beneficiaries.
The allotment of share to each child is to be decided on a mutual understanding among the shareholders. to arrive at an amicable settlement.
If you people feel that you are likely to be cheated or some fraudulent things may happen to you then you may first discuss the subject matter involving all the shareholders about fair distribution of share of properties to the beneficiaries, if the situation is not conducive or there is no possibility for an amicable settlement favoring a fair and equal distribution of your share in the properties then you may object to the process and file a partition suit for partitioning the property requesting the court to allot your rightful share in the property with separate possession.
- As per law, after the death of your grandfather , his property would be devolved upon all his legal heirs equally i.e. each will get 1/4 th share in the property.
- Further , after the death of your father , his respective 1/4th share can be claimed by all his legal heirs equally.
- Sister will also get equal share in the property.
- However, one can release his respective share in favour of other after executing a registered release deed.
Yes you can put their names and the same is legally permissible
1. Christians in the States of Goa and the union territories of Daman and Diu were governed by the Portuguese Civil Code, 1867. However the overall law governing for Indian Christians in effect is the Indian Succession Act of 1925.
2. Assuming that your grandfather died intestate ( without executing a WILL ), then his property would devolve equally to all his children ( 3 sons and 1 daughter ). In other words, each child of your grandfather is entitled to 1/4th share in the property. In view of one of the brothers does not want share in the property and does not nominate anyone sibling to takeover his 1/4th share, the other 2 brothers and 1 sister are entitled to 1/3rd share, instead of 1/4th. Assuming that your father also died intestate, then his widowed wife (your mother) is entitled to 1/3rd share, you and your sister are entitled to 2/3rd share, out of 1/3rd main share your deceased father was entitled to, along with his siblings.
3. If the distribution of share in the property is not as per the Indian Succession Act, 1925, send a legal notice to your younger uncle for rightful share in the property.
4. If the problem still persists, file a suit in the jurisdictional Civil Court for partition declaration and separate possession of the property by metes and bounds.
The property will be divided per branch not per head. That is, there are four legal heirs to the property of grandfather all four will get equal share. In the shares the legal heirs of deceased father will be treated as one branch entitled to ¼ share. After so dividing the property in four equal shares, the legal heirs of each family will divide the property into equal shares. That is the procedure. Daughters and sons will share equally no preference is given to sons. You have keep close watch of what is going on. There is every possibility of some fraud, remain in touch with others. Check in whose possession the property documents are. Ask him for copies, he will know that you are alert. If you smell any fraud issue lawyer's notice seeking partition of property. Law helps only those who are interested in excursing their rights.
Dear ma'am,
According to the Hindu Succession law, the property shall be distributed upon all legal heirs in the share of 1/4th. Hence, division of property can happen based on this law.
No, girls and boys are legal heirs on equal footing.
But owing to fear of fraud, you can also file suit for partition and court will give you exclusive possession over your property. Thank you.
1. the property is in the name of your grandfather
2. you have not informed whether your grandfather died leaving his widow ?
3. as per the indian succession act as applicable to christians, the widow takes a fixed 1/3rd share and the balance 2/3rd is divided among the children of the deceased equally
4. assuming your GF died without leaving a widow [i.e. your GM predeceased your GF], then his property will go to the children i.e. 3 sons and 1 daughter equally
5. thus your dad had an 1/4th undivided share in this property
6. after his death, your dad's 1/4th share will devolve on his widow [your mother] who will take a fixed 1/3rd share and the balance 2/3rd will go to you and your sister equally
7. the 2 brothers and 1 sister of your dad will take 1/4th undivided share
8. as your uncles and aunt are living, their children cannot inherit from the GF's property
9. however the uncles and aunt can agree to relinquish their share in favour of their respective children
