• Dividing property between grandsons

This is the query related to sharing grandfather property.

My father has 20 acres of land. The land is not purchased by my father. it is grandfather property.
My father has 2 sons. Me and my brother. 
I have one son.
My brother has one son and one daughter

Father age(80)
My Age(55)
My brother age (50)

My son age(18)
Brother daughter age(19)
Brother son age (13)

We are a hindu family.

The property is in my father name. 

1. My brother is not allowing to divide the property and he is telling that the property should be divided in to 3 parts. Since he has soin and daughter he should get 2 parts and since I have only one son i should get 1 part. Is this correct/

2. My brother has taken home loan by submitting the agriculture land papers. Since the property is in my father name, my father signed it. Now my brother is paying EMI. Now my brother is telling that I should pay half the loan before dividing the land. is this correct?
Asked 14 days ago in Property Law
Religion: Hindu

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9 Answers

During your father lifetime you and brother have no share in property 

 

2) on his demise you and your brother would inherit the property equally 

 

3) it is immaterial whether you have one son or brother has 2 children 

 

4) you are not liable to repay loan taken by brother

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

The property will get divided first in two sons means between your brother and you that will be after your father.

 

If your father is alive than property will get divide in three parts each. Father and two sons.

 

Than two sons will divide their property to respective legal heirs.

 

Regarding EMI that will be covered from your brother's share and not from you or your. Father's.

 

What so ever your brother is saying it's totally wrong.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

1.  Even though it was your grandfather's self acquired property after inheritance of his share your father becomes an absolute owner of the property he inherited. 

In that case, he can decide about distribution of his properties in the manner he may desire and decide and transfer the properties  to who ever he may choose, including any member outside his family.

There is no obligation on your father to be under pressure created by your brother.

The logic of your brother is not justified.  

It appears he is not willing for an amicable settlement,but if he chooses the legal route then he will be loser because his claim is not legally maintainable or tenable in law, as neither he nor you have any rights in yor father's property at lest not during his lifetime.

2. It is absolutely an unjustified demand.

If he has availed the loan, then it is his responsibility to repay the loan.

He cannot legally insist on you to repay the loan in any percentage.

 

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

There will be three equal share father  will take 1/3 sons will take 1/3 each, after father his 1/3 will be divided equally between two sons. Under Hindu law property is divided per stripe, that is per branch of family not per capita that is according to number of family members. As son may have any number of sons, but he will take equal share other son. As loan is taken by brother you not bound to pay half of it.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

1) Yes, the property can divide in the 3 parts. and after your father it will divide between you two brothers if its not WILL or Gift deed to any one.

 

2) Yes, you father become absolute owner and than he can give property to any one as per his wish.

 

3) Yes, you can file partition suit and get stay on farming not cultivate to further partition of the property.

 

4) You can file case in the same district where you stay according to your last stay. or you can file in property district, Depends upon you.

 

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Your father can during his lifetime divide the property as he pleases

 

2) your mother also has share in property 

 

3) on father demise his share would devolve on his legal heirs 

 

4) your father can obtain court orders restraining brother from farming land and taking the profits 

 

5) suit has to be filed where property is situated 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1.  You have misunderstood the law or have been misguided.  

This property belongs to your father and he is an absolute owner during his lifetime, hence it cannot be divided into three parts or any part and if he is not willing to give any share to anyone then his sons cannot claim any share in the property as a right.

2. It is no more your grandfather's property. After inheritance it becomes your father's own and absolute proeprty hence he can do anything as per his own will and wish.

3. Your father has to stop him by issuing a legal notice and filing a suit for permanent injunction restraining him from indulging any such activities that is deterrent to the circumstance. 

4. Don't act on any misguidance. you cannot file any case against anyone on this subject, if at all you do so, it may not be entertained or it will not be tenable in law, hence you will fighting a losing legal battle,.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can  file a Partition suit if no will is online place. The property will be divided equally among all the legal heirs

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

Yes you need to file civil case against him and take injunction order from preventing him from doing the above-mentioned 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

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