Gurchetan singh (sales manager) 26 April 2010

grand daughter's share

Sir,

My mother's grand mother's share of ancestral property was divided among her 2 uncles after her death in 1998 without mentioning the name of my mother's father as a beneficiary.she had no will.My mother's father was legally adopted son.

can my mother claim her share by filing a civil suit.

kindly reply

Gurchetan

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2 Replies

Bobby Mani T (Lawyer) 26 April 2010

If there is no will then the property is to be divied as per rules of intestate sucession. Since yuor mothers father is a legally adopted heir, he is a legal heir and he or any body who has a legal claim over the property can file a Civil suit for patition

Gurchetan singh (sales manager) 26 April 2010

thanks for ur reply bobby sir.

now my mother's uncles are in the process of selling some of the property(they sold some of it some years back).if we file a civil suit now can the court grant a stay restricting them not to sell the property.

thanks a lot.