Legal Question in Real Estate Law in India

Dear Sir/Madam,

Our grandfather who passed away in 1964 had left his property without a will or transfer where one of his sons were staying. He (our uncle) passed away in 2012. By that all the 6 children of our grand father have died. Presenlty there are 12 grand children and the wife of the last uncle who died.

Since the property remains undivided, I would appreciate your valuable reccomendation based on the following aspects:

1.This is a Christian family.

2. some of the grandfater's children married non-christians.

3. Grand father had 6 children (1 remained unmarried, 1 had no issues) All of them are no more.

4. We are children of the rest 4.

5. Presently we 12 (cousins)(from the 4 children of our grandfather) plus the wife of the last uncle who died recenlty are fit to contest.

The main issue is How to go about the partition?

Does all the grand children have equal rights ?

How much share of the parent each grand child can claim?

The cousins, children of one of the uncles' are presently occupying the property stating that the last uncle has given will of the property in their name.

Is it possible or legal for the granfather's sons to issue a will of his own of the undivided peoperty (which he never inherited, in favour of anyone ?

Please give us a guidance on the said isuue and oblige.

regards

Dilip

[email protected]


Asked on 6/17/12, 3:19 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Decide mutually or let court decide.

Read more
Answered on 7/19/12, 1:40 am


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