property in grandfathers name -how to divide property in grandfathers name -how to divide

7 months ago

my grandfathers property was divided in 4 sons. my father has 1 floor built on it as his share. the property is still in grandfather name. now my brother and i want to divide the same, my mother is alive. father expired in 2013. how to divide it and what is my share? will my mother also get a share. if yes what happens to her share when she dies.

Anik

Responded 7 months ago

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A.Dear
The division of ancestral property in India can be a complex process, and it is subject to various family laws depending on your religion and the state in which the property is located. Without knowing specific details about your family's religion and the location of the property, I can provide some general information that may apply to many cases.

Rights of Mother: In many cases, a mother does have a share in her husband's ancestral property if her husband passes away. Her share would typically be equal to that of her husband's legal heirs (sons and daughters). However, the exact share and rights of your mother can depend on various factors, including the specific family law governing your family, the state laws, and any legal agreements or documents in place.

Property Title: It's important to establish the current title of the property. If the property is still in your grandfather's name, it may need to be legally transferred to the legal heirs, including your father's legal heirs (you and your brother) and your mother.

Partition of Property: To divide the property among the legal heirs, you may need to initiate a partition process. Partition can be done either amicably through mutual agreement or through a legal suit if there is disagreement among the family members.

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Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
It can be divided into three parts. If your mother gives consent and NOC (No Objection Certificate) then it can be divided into two parts and accordingly go to the concerned authority and get joint Katha in the name of yourself and your brother.
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