I am Hindu and from Tamil Nadu state. My Grandfather died in 1982.He got this property from their ancestors and not earned by him. Now his legal heirs are my Grand Mother,1 Older Father, 2 Aunts and my father (Total - 5 people).Since my father taking care of my grandmother, she gave her share to my father (will & its registered).In that will, it is mentioned that 1 share giving it to my father out of 5. Then my two aunts also provided their shares to my father in written bond paper. So my father will get 4 shares and older father will get 1 share. This is how this will be divided during house registration. Is it right? But some of family members are saying that the property will be divided in to 15 parts (5 parts - Grand Father, 5 parts - Older Father and 5 parts - My Father) due to my Grand Father inherited from ancestors and he died before 1985. In those 5 parts of my Grand Father, 4 will come to my Father & 1 will go to my older Father. So finally my older Father will get 6 shares and my father will get 9 shares. Like that they are saying. Which one is true? Could you please clarify this?
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided gif four generations would be ancestral property
3) merely because your grandfather inherited property on great grand father demise would not make it ancestral property
1. On death of your grandfather all his 5 heirs will inherit in equal share.
2.Now his wife-your grand father will inherit the same as her self acquired property only and hence her bequeathing of share to your father is perfectly legal.
3.Now similarly your aunts can also transfer their sahre to anyone they choose.However such transfers be made through a registered deed of gift or deed of release.
4.So if your aunts can not make fresh registered ded then your father would become 4/5th share holder in the proeprty.
Hi, it is really impossible to understand in the manner you described ,. However this is what happens according to Hindu succession act .. Suppose your grandfather had a property 5 acres ... So after his demise the property will be inherited by his 5 legal heirs , ( 1 acre for each legal heir ) .. Now if your grandmother transferd his share to your father , your father will be having 2 acres .. Further for your aunt also transfer their share to your father , your father will be having 4 acres .. This is how it inheritance proceeds ..
But some of family members are saying that the property will be divided in to 15 parts (5 parts - Grand Father, 5 parts - Older Father and 5 parts - My Father) due to my Grand Father inherited from ancestors and he died before 1985. In those 5 parts of my Grand Father, 4 will come to my Father & 1 will go to my older Father. So finally my older Father will get 6 shares and my father will get 9 shares. Like that they are saying.
What you heard from others which has been stated above are incorrect.
First of all it is not ancestral property becasue your grandfather inherited the same from his father, hence it lost the character of ancestral property when your grandfather inherited the same from his father.
Subsequently, upon the intestate death of your grandfather, .the property devolves equally upon his own legal heirs consisting his wife and children.
Therefore your father is legally entitled to 1/5th share in the property.
If his sisters are willing to give their share to your father, then they may execute a registered release deed relinquishing their rights in the property in your father's favor.
Your grandmother's will shal come into force only after her lifetime, hence her share of property is not confirmed to your father yet, your grandmother can change her will anytime during her lifetime.
