Legal Question in Real Estate Law in India
My grand father has some property and he is no more now.He has 2 sons.First son has 3 children(2 male and 1 female).Second son has 2 children(2 male).Now if the property dispute is in front of court,As the first son(elder son ) is not ready to give equal share to his younger brother(second son) .Can second son get equal share?? Because first son has 3 children and more over grand children has rights on their grandfather's property.If it is the case so,is this property divided into five parts?.For your information all the children of 2 brothers are above 18.
2 Answers from Attorneys
You need to see the matter in the light of law of succession governing the deceased.
Both sons have equal share in the property if there are no other legal heirs alive . Having more children does not entitled the elder son to have more share in the property.
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