ancestral property
Rajiv Kumar Singh
(Querist) 17 June 2009
This query is : Resolved
I am from Hindu family.
My mother and my mother’s sister are only two child of my maternal grandfather (my mother's father). My maternal grandfather (my mother's father) have ancestral property which he is in process of selling to third party without informing my mother and we assume the price money can been transferred to my mother’s sister.
Can my mother claim right on the property or money that my maternal grandfather (my mother's father) gets in the process of selling the property.
Can we stop this sale and ask for 50% of the stake in property or the money received in the process of sale.
We are apprehensive that my mother’s sister can influence my maternal grandfather (my mother's father) to will all his property or money generated in the sale of ancestral property in her name alone.
adv. rajeev ( rajoo )
(Expert) 18 June 2009
Yes your mother can ask for her share in the ancestral property of ur grand father. She has got equal share in view of the amended Hindu succession Act. Ur mother has to file suit for partition. U will have to file an application u/o 39 r 1 & 2 seeking relief of injunction order against your g/f as not to alienate the suit properties till the disposal of the suit.
Y V Vishweshwar Rao
(Expert) 18 June 2009
I agree with Rajeev !
It is better to file suit for partition claiming the proerty as ancestral proerty and one third share by metes and bounds and interim Injunction not to transfer/alienate the ancestral suit proeprty pending disposal of the partition Suit!
will of GF will be valid only to the extent of his 1/3 rd share !
Uma parameswaran
(Expert) 18 June 2009
Your mother have 1/3rd right over the property if the ancestral property is received to your grand father through partition deed or settlement deed or WILL .She can claim the money in relation to her share.GF have the right to sell his share only. You mother can approach the Court against the sale, if the sale is made other than the Grand father's and sister's share. mother's sister have only right to her share.
Y V Vishweshwar Rao
(Expert) 19 June 2009
You can also purchase the share of Gradn Fathers share, if you think so !it can not be sold to third parties when the other share holder is ready & willign to purchase the proerty at reasonable Rate /price for share of GF
