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Dhivya (SE)     09 April 2010

Property Sharing between daughter and his Mother

Hi,

I need suggestions regarding sharing a property between my mother and second wife of my grand father.



My grand father as only one daughter(my mother). after my mother's marriage my grand father's first wife died. After some years he married again. My grand father also died few years before. The property is not partioned till date.

Second wife of my grand father is not willing to give full property to my mother. She is willing to give only half-share only.
My mother is not interested in getting half share. The land belongs to my great grand father who gave this land to grand father by stating this land should be used by heirs.


My question : I heard that  a persons as all rights to get full property on his/her grand father/grand mother property

so if i put a case on behalf of my mother, the case will end in my favour? Need your valuable suggestions.



Learning

 3 Replies

bhagwat patil (Property due diligence 9422773303)     10 April 2010

ur mother wiill get 1/2 share.after demise of ur step grandmother she  wil get anoter portion of property.

Sam (budding lawyer)     10 April 2010

Hello My Grandfather and Grandmother died without writing any will for their kids. They had three sons two daughters.My dad and older uncle moved to UK and helped out to construct all the property on that land and both died recently 2 years ago . My uncle living on that property is not willing to give any shares of land or const to both the widower (my mom and aunt)  or any share of total earnings coming from rent. My alive uncle living on that property keep on constructing big apartmentS without taking any permissions from my mom and my older aunt. Both my mom and aunt has UK citizenship but no earning since they were housewives.

Can they claim their husband rights on the ancestral property in India?

If yes what is best way to proceed and stop the illegal constructions done with out their permission.

Do they have to take dual citizenship of India, in order to claim the property OR file any petition to stop any construction with out their permissions?

 Please guide and help on proper court proceedings over the rights.

 Thanks!

bhagwat patil (Property due diligence 9422773303)     10 April 2010

first and formost enter your moms and aunts name inROR


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