• Ancestral property

My grand father wrote a will on father name- now father expired in 2008.and he didnt write any will 

we are 3 brothers with 1 mother and 1 sisters (married)
my question is who is eligible to share and how much share will get each one.

i request you please clarify with any reference
Asked 12 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) it is self acquired property of your grand father 

2) on his demise your father as per grand father will became absolute owner of the property 

3)on your father demise you have one fifth share in property 

4) in other words every legal heir has equal share in the property 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Since your father has expired after 2005, all his properties including ancestral properties will be divided among his legal heirs in equal shares.
So in other words you along with siblings will inherit 1/5 th undivided share in the property.
So to enjoy the property in peace and without rancour execute a mutual deed of partition among yourselves.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
On the demise of your father his widow and children succeeded equally to his property. The share of every heir is equal. The heirs can execute a partition deed to divide the property if there is a consensus on division, failing which any heir can file a partition suit to cull out his/her share.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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No reference is required for you.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Since your father has died intestate and assuming that the property as a self acquired property of your father, your mother, 3 brothers and your sister are entitled  to equal share in the property.
2. In other words each one of you is entitled to 1/5th share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Hi
1. That all you , your father's legal heirs will get equal shares including your mom.
2. As per your grand father's WILL your dad was a rightful owner of the property unless the WILL was not challenged by any other legal heirs of the grandfather.
3. Now after your father's death the Property should be equally divided in the absence of a WILL or any ohter testamentary documents.

Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, whether your grandfather is alive or not if your grandfather is alive the will is not come into existence.

2. The will become effective only after the death of your grandfather.

3. If the property is pass on to your father then all the legal heirs of your father has right to share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
If the grand father is not alive ,the legal heirs of all the legal heirs of your father has right to share in the property.
Your father has the absolute ownerr of the property unless the WILL was not challenged by any other legal heirs of your Grandfathe
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Is your grandfather alive now?
Whether the Will executed by your grandfather in your father's favor came into force as on the date of death of your father.  
If yes, then the property belonged to your father and upon his intestate death all his legal heirs, i.e., his children, wife and mother shall be entitled to an equal share in the said intestate property.
Suppose your grandfather was alive as on the date of death of your father, the will executed in his favor will become infructuous and the property will remain on your grandfather alone. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
A. It can be presumed that your grand father executed a will in favour of your father with respect to his self acquired property.

B. In the absence of your father will that all the class I legal heirs i.e, wife, mother, children will get equal share over the property. Therefore, in your case, 3 brothers, mother,one sister will get equal share and if mother of the deaceased still alive that she will have same right.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. How may legal heirs your grandfather had?

2. Did your father take probate of the Will?

3. If no, then first of all apply for probate of the said will,

4. After getting probate of the will in favour of your father, all of you being you three brothers, mother and sister (since your father ied after 2005) will equally share the said property.



Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0

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