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vivek verma   19 June 2020

related to inheritancd of ancestral property

my query is regarding ancestral property of my maternal grandfather and my mom's share is very low on that prtoperty. property is divided into 3 my mother and 2 maternal uncle. my maternal grandfather and grandmother are dead now can my mom claim the share 1/3rd ion that property which is ancestral.


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 2 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     19 June 2020

Originally posted by : vivek verma
my query is regarding ancestral property of my maternal grandfather and my mom's share is very low on that prtoperty. property is divided into 3 my mother and 2 maternal uncle. my maternal grandfather and grandmother are dead now can my mom claim the share 1/3rd ion that property which is ancestral....Yes your mother is entitled to one third share therein and she can file Partition Suit for separating her share.

 

P. Venu (Advocate)     19 June 2020

Who has 'divided' the property - who  has allotted the shares. The partition incomplete unless and until the partition or settlement deed is duly executed to which your mother is a necessary party. Your mother is under no compulsion obligation to accede to unilateral disvision of property and the share  demarcted for her, therefrom.

If the arrangement is unsatisfactory and no amicable settlement is possible, your mother has the option to file a partition suit.


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