How father’s ancestral property will be divided among his successors?

My maternal grandfather had 7 successors (4 daughters + 3 sons) elder son has died (in army war at kargil) leaving behind his wife n two sons. Now 2 sons 1 daughter in law and 4 daughters are there. One of the two sons left has made a house on residential plot of that ancestral property from his own earnings + Indira Awaas Fund given to his father. Now what will be the share of all successors and how will that be devided.

6 Replies to “How father’s ancestral property will be divided among his successors?”

  1. I am starting my answer with the presumption that your query is related to a Hindu Family.

    If your maternal grandfather has “Self-acquired property” which means property built from his own earnings than the distribution depends upon his “will”.

    If it is ancestral property than Hindu Succession Act will apply.

    As after the recent Hindu Succession [Amendment] Act in 2005 the daughters and sons have been given equal succession rights in ancestral property. So, all the daughters will have equal share in the family properties. The widow daughter in law will take the equal share of her dead husband which comes to be – 1/7 of the total property. The widow daughter in law and her two sons will divide this 1/7 share among themselves equally .

    Rest of the members of the family will also have 1/7 share — if a share holder has built up some property from his own earnings upon ancestral property [as in your case one of the son] than if the value of that ancestral property is equal to the 1/7th of his share in the total property than he can lay his valid claim over that part of property– if the 1/7 share of that son is more than the value of that property– than he can claim remainder of his share from other family properties. If the 1/7 share is less than the value of the property than that claiming son of that land will have to pay the excess to the other sons and daughters through equal distribution among others — which will come to about 1/6 of the excess amount will be given to the each other son and daughter by that son.

  2. How can I restrain my father from selling my share’s land property in village in Bihar. I belong to Hindu family having 2-brothers & 2 – sisters. Recently they have sold 2 Acres of land from a plot of 3 Acres. Also they have given entire amount to my elder brother.
    Please suggest some remedial action / steps to be taken by me.

    1. If your father has acquired that property by his own money, it’s his wish whether to give any share to any child or not. You do not have any right on that property.

      But if he has acquired that property via hereditary, you can seek legal help to ask for your share.

  3. my name is sourabh tripathy iam having 12 acres of cultivate land and one house named inmy grand mother . My father ,grand father ,grand mother and one of my aunt was dead. now my other two aunts claiming their share upon the property please tell me what will be my share over the property

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