How long can property remain undivided, and can son inherit alone?
My grandmother has residential and agricultural property in her name. How long can it remain unpartitioned or undivided? She has two daughters and one son. Can the son register or inherit the entire property in his name without informing or notifying the daughters?
In your grandmother's case, the residential and agricultural property can remain unpartitioned indefinitely unless a partition is sought by any legal heir. Since your grandmother has two daughters and one son, all three are entitled to equal rights over the property.The son cannot unilaterally register or inherit the entire property without notifying the daughters. Under the Hindu Succession Act, all legal heirs, including daughters, have equal rights to ancestral property. Any attempt by the son to claim the entire property without their consent could be legally challenged, as daughters have the same inheritance rights as sons since the amendment in 2005. Thus, it is advisable for all heirs to discuss and agree on the partition of the property to avoid disputes.
In the case of your grandmother's residential and agricultural property, it can remain unpartitioned indefinitely unless a partition is sought by any legal heir. Since your grandmother has two daughters and one son, all three are entitled to equal rights over the property. The son cannot unilaterally register or inherit the entire property without notifying the daughters. Under the Hindu Succession Act, all legal heirs (including daughters) have equal rights to ancestral property, and any attempt by the son to claim the entire property without their consent could be legally challenged. If he proceeds without informing them, they can file a suit for partition to claim their rightful share.
The property can remain undivided indefinitely as long as all co-owners agree. However, after your grandmother's passing, the son cannot inherit the entire property without notifying the daughters. Under Hindu law, both sons and daughters have equal inheritance rights. The son cannot register or take ownership of the entire property without the consent or agreement of the daughters, unless there is a valid will stating otherwise. If there is no will, the property will be divided equally among all three children.
Sir, in India, property inheritance is governed by Hindu Succession Act for Hindus and when someone passes away, the property typically gets divided among legal heirs unless there's a will stating otherwise. A son cannot legally inherit the entire property without informing the daughters, unless there is a will specifically mentioning such a distribution. For further legal assistance contact us on our helpline number.
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