90,000+ Legal Questions Answered

share in property share in property

10 months ago

Hi ! There is a dispute regarding share in the property. Grandfather had property in the form of house and three shops. After the death of grandfather, the grandmother made a will in favor of her three sons, namely x, y and z respectively. They are living jointly in that house. Now x has two sons namely Ajay and rahul and one daughter namely Diya. According to jamabandi, the property is divided among the two sons namely rahul, ajay, wife of X and brothers of X (i.e. Y and Z) and wife of Y. Now Ajay file a case for partition against Y and his wife and Z . now Can daughter namely Diya can file a case for her share as x (his father) alive. grandmother is also died. diya wants her share can she file.

Kishan Dutt Kalaskar

Responded 10 months ago

View All Answers
A.Dear Sir,
The first step is itself wrong. After the death of grandfather, grandmother get only one share along with her children.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

View All Answers
A.Dear client,
A granddaughter's right on her grandfather's ancestral property is by birth. It does not depend upon her father or grandfather's death. A granddaughter owns a share of her grandfather's property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations.

So yes, she has a right over the property and can file a case
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 10 months ago

its self acquired property. and daughter wants to file a case against her brother can it is possible. because she is married

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
question iconSell disputed property
Dear Sir, Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
question iconDivision of Property among Brothers and Sisters Bihar State
Dear Client, The property of a married female Hindu dying intestate shall devolve according to the rules set out in Section 16 of the Hindu Succession Act, 1956 which include her husband, children, a...
question iconIntestate Residential Property
Dear Client, When your maternal grandfather passed away leaving the property intestate, i.e, without a Will, then on his demise, all the surviving legal heirs are entitled to an equal share in the sai...