• Son's share in paternal property

My Grandfather passed away in 1999 without a will. He had 5 kids- 3 daughters and 2 sons. The elder sister and son have passed away. My dad has been living and maintaining my grandfathers house ever since he has passed away. There was no contribution made by any of the sisters towards Maintainance. Now the eldest sisters kids is teaming up with other the rest two daughters to ask for equal share. This is causing my dad for having to hand over the property to a builder which is emotionally and physically draining for him at this age. Is there any way for my dad to get the property in his name without having to give any share to the sisters sons and the rest of the sisters.

Thanks
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) on grand father demise your father has one seventh share in property.

2) on demise of brother and sister their share would devolve on their legal heirs namely wife/husband and children  

3) property cannot be transferred in your father name unless other legal relinquish or gift their share in your fathers name 
Ajay Sethi
Advocate, Mumbai
27378 Answers
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The property left behind intestate by your grandfather shall be succeeded by his successors who are called as his legal heirs.  
This is the law as per the provisions of Hindu succession act. 
Though your father had been maintaining the property all along so far after the demise of his father, he cannot deny the legitimate and rightful share of his siblings who are co-sharers to the property. 
As the property devolves equally on all the legal heirs it becomes the duty of all of them to maintain the property, however since your father alone had been maintaining the property till this date, he may render the accounts towards the maintenance expenses incurred by hi so far and may claim each individual co-sharer to settle the amount and take possession of their respective share in the property. 
Alternately he may buy their shares or may even compensate them with a negotiated amount and get a registered release deed executed in his favor with regard to their share of property.
T Kalaiselvan
Advocate, Vellore
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All the children of your grandfather have an equal share in the property which they can cull out by filing a lawsuit for partition in the court. The share of children who are no more has devolved on their heirs. The failure to maintain the property to which one has succeeded does not oust the share which has devolved due to succession. 
Ashish Davessar
Advocate, Jaipur
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1. As per the recent Judgement passed by the Supreme Court, daughters will not get any share of thgeir father's property if he has died before 2005,

2. In the instant matter, your grandfather's property will be equally shared by his two sons and/or their successors only.
Krishna Kishore Ganguly
Advocate, Kolkata
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292 Consultations
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