Equal property distribution
2 years ago
My father has three brothers. My father has 4 children. Second no uncle has 2 children.Third no uncles has 2 children and last one has 1 child. That is we real & cousin brothers are in total 9. I m now 50 years old and my last brother is 42 years old. My grand parents are no more. Ancestral property is 14 acres of land. Later on we purchased 18 acres of land, started trading business in the building having cost about 1 crs,medical shop having cost 50 lakhs and another piece of land having cost 20 lakhs.
Now we are separating. My uncle's are claiming equal distribution between their brothes only. ( 1/4 of whole property). Is this justifiable? Then what is worth of our 4 brothers contribution in the development of family. Please guide how to distribute property among 4 brothers considering contribution of every family member which should be legally and socially acceptable.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
1. Ancestral property
2. Purchased property
Ancestral property is divided as per current scenario. so all get equal share.
Purchased property becomes HUF property so as per sec 8 of succession act, all will get equal share.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
All of the grandchildren and children will receive an equal share of the ancestral lands. Later-purchased property will be divided according to Section 8 of the Succession Act, or you may divide it according to mutual agreement. A practical property division will entail the division of fractional shares to which each family member is entitled. In a complete partition, all of the property of a Hindu Undivided Family is divided equally among all of the coparceners, and the family ceases to exist as a Hindu Undivided Family. Unless documentary evidence to the contrary is given, the law assumes that each member owns an equal share of an undivided land.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The ancestral property will be divided equally among all grandchildren and children. The property that was bought later on will be divided according to Section 8 of the Succession Act or you could divide it as per mutual agreement. A practical division of property would involve the division of fractional shares each family member is entitled to. In the total partition, the whole property of a Hindu Undivided Family undergoes a total division of property & the same will be divided in between all the coparceners and family cease to exist as a Hindu Undivided Family.
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It is to be divided as per section 8 of Succession Act.
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