Hi, My father and my grandfather own 50% each of land with a property on it in Gujarat. In the unfortunate event that my grandfather passes away. Would my father still keep his 50%, or would he get 50% + a small percentage when my grandfathers 50% is split between all his children? My grandfather has 7 children in total so would it be approximately 7% share each with my father receiving 57% it total? Also if this was to go to a partition suit, would my father, a 50% owner, need permission from the other 50% owners and as there is a house built on the land, would the court force a sale of the property and land as my father lives in the UK and would not use the land/property.
The 50 percent share owned by your father was his self acquired property? Then it belongs to him and nobody else.
Even if it was your grandfather's and he gave it to your father then too it now belongs to him.
The other 50% belonged to your grandfather and hence your father's siblings would also have a share in the property.
Your father will have a 7% share in your grandfather's property. The court cannot force anybody to sell the property. It will be divided amongst the shareholders.
If its a self acquired property and grandfather has will, it will be as per will. Otherwise other 50 percent will be equally divided between legal heirs of grandfather.
Your father would get 50 per cent plus additional share on grand father demise
your father can file suit for partition for division of property by metes and bounds
court would not direct sale of property if it can be divided by metes and bounds
Thank you for your answers. My father did self acquire the land originally and added his father as a 50% co-owner. There is now a property built on the land my father purchased. If partition is requested, as my father is now a UK Citizen, then I don't believe there is a way to divide the shares by metes and bounds as the house is in the middle and barely any space around the house itself. Would this cause a force of sale of the complete property and land for my father to get his 57% if metes and bounds is not a viable option for everyone to receive their shares.
Land was originally purchased by father in his name and his father’s name. Subsequently, structure was constructed on land. If the structure is constructed by contribution of all legal heirs, it becomes a joint property of all in which all legal heirs will have equal share. Father will not have any special because he purchased the land. There is no question of father getting any more share than others. Principle of “blending” will apply.
In case property cannot be divided court would direct sale of property
Your father being one of the joint owners in the property, his share of property is safe and secured.
Besides he is entitled to a proportionate share out of his father's share in the property. He would be entitled to a share as per Muslim law of intestate succession/inheritance.
Firstly he can arrange for an amicable partition among the shareholders, if it is not feasible then he can file a suit for partition, the court will divide the property as per law and allot him his legitimate share with separate possession, if the property is not divisible then the court may dispose the property and distribute the sale consideration amount to the shareholders proportionately as per their entitlement.
Your father can discuss with his siblings about division of property and the terms therein, I.e., if everyone agrees to divide the property on mutually agreed terms and conditions then the can draw a partition deed with the terms therein and get it registered to enforce the same legally.if there's no consensus arrived them, then your father can approach court with a suit for partition and separate possession of his legitimate share in the property as per his entitlement.
Then other 50 percent will be divided in all his legal heirs equally
- As per law, after the demise of your grandfather intestate, his property share would be devolved upon his 7 legal heirs ,however the share of daughters will be half of the son
- Hence, your fathers share would be increased after getting the share from the share of your grandfather.
- Only the share of deceased grandfather would be considered for partition , and the court cannot force to sell the property without getting the consent of joint owner.
Dear client,
Your father will get only 50% and not 57% as it is not your grandfather's ancestral property.
