My grandfather died without partition and separation of property
i want to know how me ,my brother & my mom get our part of property. My grandfather died and my father also died. My grandfather died without separation or division of property and without any legal will. My grandfather has 4 children, 3 boys and 1 girl and all are married & my grandmother is still alive. There are 2 properties on my grandfather's name. My father was elder son of my grandfather , my father also died without any will. Currently we are living in joint family. As we are now grown up me and my brother, we want separation from family and we want our part from property. My mother is alive and she also agreed with us but my father's brothers , sister and mother are not agree to give our part of property. They are saying if you want to live with us you three may, otherwise go we will not give you anything. Me and my brother are grown up now currently me , my brother, my mother we are living in one room in joint family but now we are not able to live like that & we want our part.
Please tell me what's the right legal way to get our part from property.
Asked 4 months ago in Property Law from Delhi, Delhi
On grandfather demise your father had one fifth share in property
2) on father demise your mother , you and your siblings would inherit his one fifth share in property
3) file suit for partition for division of property by metes and bounds
On the intestate demise of your grandmother his properties devolved through succession on his widow and children. Since your father is dead his share has further devolved on his mother i.e your grandmother, widow and children equally. You or any one of your siblings or your mother may file a suit for partition to cull out your separate share in the properties.
Filing a partition suit is the only remedy for getting the share.After the demise of grandfather the property legally entitled to his legal heirs. (3 boys +1 girl + their mother) .So your father has 1/5 share in grand fathers property.
After the demise of your father the 1/5 share is divided into between his legal heirs. So you have get 1/15 share (you ,your mother and your brother would inherit his one fifth share in property)
meet a local lawyer for filing partition suit
immediately file a civil suit for partition after issuing a legal notice to opposite party regarding the same.
you have to file an application for injunction under Order 39 Rule 1 & 2 of CPC too along with your partition suit.
as the property is related to your grand father and he died intestate, hence you, your brother and mother will get a share in the properties as your father could got (if alive).
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Advocate, New Delhi
I presume that the property owned by your late grandfather was his self earned property. When your grandfather died intestate the property devolved upon his class 1 legal heirs i.e. wife ( your grandmother) and his 4 children including your father. Your father was entitled to one fifth share of your grandfather's estate. After the demise of your father his class 1 legal heirs became entitled to his one fifth share.
When a family settlement on inheritance is not feasible, only option is to file a suit for partition. In the circumstances stated by you, you can file a suit for partition.
Advocate, New Delhi
The property can be partition into 5 equal parts and one such part that belongs to your father can be shared by you, your siblings and yor mother.
If there is no possibility for an amicable partition or family arrangement then you all can jointly file a partition suit seeking your legitimate share in all the properties and separate possession.