Land partitioning dispute
My Grand-Father had 4 Sons (A,B,C,D) and 3 daughters, after his death the elder son (A) had the land papers with him, now the elder son (A) has 2 sons 1 daughter viz a1, a2, a3, another elder son (B) is having 3 sons 1 daughter viz b1,b2,b3,b4. third elder son (C) is having 1 son & 1 daughter viz c1, c2 and the remaining son (D) is having 1 son viz d1, now partition dispute is person A & B are dead.
technically only 4 shares of the land to be partitioned. but now the elder son of A (who is having the papers) is stating the land should be partitioned among total 10 people viz (a1, a2, a3, b1, b2, b3, b4, c1, c2, d1)
My Question, is there any law/rule. that the land should be partitioned in 4 shares not with 10 shares.
Asked in Property Law from Nashik, Maharashtra
four sons and three daughters and grand mother if alive have equal rights in shares that is among the 7 legal heirs of the grand father(except grand mother), if any of them are dead, the share will go to their legal heirs that is wife and children. supposing that grand mother is also passed away, hence if partition has to be done it will be in 7 shares unless the daughter release their shares.
1) i presume your grand father died intestate
2) on your grand father death each legal heir would have 1/7th share in property( 4 sons and 3 daughters)
3) the 1/7th share of 2 sons A and B will devolve on their legal heirs .
4) the contention of elder son of A that land should be partitioned among 10 legal heirs is divorced from reality . as mentioned earlier property has to be partitioned among all 7 children of deceased equally
5) daughters can relinquish share by executing Deed of relinquishment .
In fact if the grand father died intestate that is without leaving a will the property will devolve equally among all the sons and daughters. In other words in your case the property will have to be divided into 7 equal shares among the sons and daughters
Even though the daughters are married they still have an equal share in the property.Now if they wish they can relinquish the property in favour of the brothers.
The shares for the grandchildren would devolve from the shares their parents inherited.
If your grand father had left a WILL, then the property would devolve as per the way it is mentioned in the WILL. Presuming that your grand father had died intestate, all 7 children of your grand father i.e., 4 sons & 3 daughters will have 1/7th share in the property. Since Sons-'A' & 'B' are dead, their share would devolve among their legal heirs.
While deciding the share of the property in India few issues have to been seen, firstly the religion of the parties whom the property belongs or claim the right in the property, secondly the nature of the property as in case of Hindus whether the property in dispute is the Ancestral property or the self acquired property of the holder of the property, thirdly whether there exist any testamentary document such as 'Will' providing the disposal of the property in any manner to any person or that the property is the leftover property of the deceased who died intestate i.e. leaving no such testamentary document such as "will" but had legal heir to claim it according to the law of succession applicable to them. In these scenarios one has to decide the fate of any property left by its holder on his or her death. Lets presume you belong to Hindu Family & the said property of the grand father left on his death without making any 'Will' was his self acquired property, in such a case according to the Hindu Succession Act,1956 applicable to Hindus the class 1 heir of this person shall be his sons, daughters & wife(if alive) who shall get his property in equal share and thereafter proportionate equal share of the grandsons and granddaughters.
1. Assuming that your grandfather had died intestate and your grandmother is also either predeceased or has died intestate, the entire property will be divided amomst 7 children of your grandfather,
2. The 1/7th share of the property each received by the children of your grandfather will be devided amongs individual children and wife of the each children of your grandfather and their wives/husbands,
3.The elder son A's demand that the property should be divided amongst 10 grandchildren of your grandfather is totally wrong.
It will be shared between 4 sons and 3 daughter and your mother if alive and your fathers mother if alive.there is no rule that it should shared between children and grand children .when children are alive it won't be shared to grand children.you file a partition suit then all children will get equal share.this is the better option.feel free to call for any doubts
On your grand father death each legal heir would have 1/7th share in property
Advocate, New Delhi
Your uncles are trying to trick you; however, the property should be divided into seven parts and you will get the share of your father. If he does not agree for it, consult a lawyer close to you who can cite the Hindu Succession Act and how the property rights are transferred from one generation to other.
Advocate, New Delhi
A. All are entitled ( A,B.C.D and 3 Daughters) to get 1/7 share over the property in the absence of Will.
B. a1, a2, a3, and b1,b2,b3,b4 are entitled to get their separate share from the deceased father which will be obtained their proportionate share in the share of 1/7.
C. And Your elder son A statement regarding share distribution between a1, a2, a3, b1, b2, b3, b4, c1, c2, d1 i.e., 10 people is completely wrong analysis.