Property Inheritance
3 years ago
my grandfather has 50 acres of land. he had four children. During the time of Land Ceiling, my grandfather gave 25 acres of land to 1st son because he is the only major at that time. After my grandfather died the real problem began. At the time of land dividing between four sons the 1st son who got 25 acres refused to share his land with the remaining 3 brothers and he took a share in the remaining 25 acres of land. In the end, 1st son got 25+6.25, and the remaining three sons got 18.75 acres. my grandfather got 50 acres from his ancestor he didn't add any new land by his earnings. Is it a legally correct way of sharing? can I get my share from 1st son? I'm the child of my grandfather's 4th son.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
An ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
The prerequisite of an ancestral property is that an ancestral property should not have been divided or partitioned by the family members, as once a division of the ancestral property takes place, the share or portion which each coparcener gets after division becomes his or her self acquired property.
More information is required regrading the facts of the case, so as to advice you properly.
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More information is required regarding the facts of the case, as to whether any will was enforced by your grandfather or not.
However, if the property is ancestral property, it will be distributed equally among all the children.
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