Legal Question in Real Estate Law in India

well, my grand mom bought 2 properties with the money that my grand dad used to send her from the states(she did not have an income of her own) . She left a will in which she stated that one of the properties should go to one of her sons. there are 5 siblings and the other to her husband(grand dad) . then my grand dad in turn partitioned the other property between 2 out of the 5 siblings. This was done a decade ago and all were aware of this. Grand dad passed away 5 years ago, now the remaining 3 siblings have put a suit saying that the propertry needs to be divided among all 5 as its ancestral.

1) is this ancestral property?

2) was my grand dad in his rights to divide bw the 2 siblings and leaving the others out?


Asked on 10/24/13, 11:20 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

1.No it is the self acquired property of your grandpa.

2. Yes

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Answered on 10/24/13, 10:04 pm
Fca Prashant Chavan Expert Edge LLP

25.10.2013

Dear Sir / Madam,

1). The title owner of the property is free to deal with the property in the manner he / she best deems fit, irrespective of whether the property is ancestral or self acquired.

2). YES, it was well within your grandfather's right to divide the property between two siblings leaving the others out.

Regards,

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Answered on 10/25/13, 5:19 am


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