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.


Asked on 7/03/11, 10:36 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

You need to see the matter in the light of law of succession governing the deceased.

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Answered on 7/04/11, 3:25 am
Sanjay Kalra Sanjay Kalra & Associates

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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Answered on 7/07/11, 3:26 am


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