Legal Question in Administrative Law in India

Sub:- Need advice on property matter.

Respected sir,-

My Grandfather has passed away in the year 1984 at the age 84 year .He has not made any

�will� before his death for undivided property.

He is having four married sons (say Name:-a.b.c&d.) & four married daughters say Name

(E,F,G & H.)

Out of four sons two sons are passed away in the year 1995, 2008 & out of four daughters

three daughters are passed away in the year 1997,2005 & 2010. My grandfather have total 11

grandsons and 16 daughters.

My Grandfather has undivided property of agriculture land & one home at Jawoor village &

one home in the Hubli town of Karnataka. This undivided property is earned by Grandfather

and this is not the ancestral property of Grandfather.

Some land (ancestral property) already distributed by Grandfather legally in the year

1957within their three sons �a,b,c.� Some property has been given in the name �d� in the

form of land & home which was sold by him later on without consent of three brothers. Now

younger son �d � is troubling for share of agriculture land which is in the name of sons

�a,b,c� when this was legally (their own will and wish) divided by Grandfather in the year

1957.What court will interfere when Land was allotted by grandfather (ancestral property) to their sons in the year

1957 legally ?

Income/revenue of land (undivided land) only younger son �d� of grandfather is enjoying since

grand fathers death. How these three sons �a,b,c� can claim through court of these all years

revenue & current year income.

What is the share of Daughters of Grand Father. How a legal division can take place? which

law will be applicable to daughters of grandfather, those who born before year1960.

Out of four (4) sons �a,b,c & d� younger son �d� is not interested for any division as long he

is alive. His running age is 75year. Due to his attitude other three son�s & family members are

suffering from many years. Through court can we divide the undivided property? If so what is

the procedure & What documents are needed to produce to court? Please advice

Thanking you,-

Grandson:- Dinesh

Camp at - HUBLI (Karnataka)��������������.


Asked on 8/28/13, 5:09 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.08.2013

Dear Dinesh,

Son "D" cannot legally raise any issue now about your grandfather's alloment of ancestral land to his four sons prior to his demise. No Court will entertain his case.

Likewise sons "A", "B", and "C" cannot claim the revenue and income earned by "D" on his allotted land.

Your grandfather may have already adequately compensated his daughters during their marriage, so there is no question of their forcibly asking for a share in the property now.

There in no need for Court intervention. With 27 grandchildren to divide the remaining property amongst themselves, in my view the agricultural land and home in Jawoor village, and the home in Hubli be sold, and the total proceeds be equally divided amongst the 27 grandchildren.

Regards,

Read more
Answered on 8/28/13, 9:56 pm


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