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Distribution of property after mothers death

(Querist) 21 August 2013 This query is : Resolved 
Dear Sir/Madam,

My grandmother (naani) expired on 27th June 2013, which was very sudden. We were all shocked by this news. My mom and mama are the only childrens of my grand mother. She owns a flat in Belapur and also a bunglow at Kharghar which is G+2.

We never thought of distributing her property but my mama's behaviour post nani's death has changed our mind. He is behaving rude and always saying that "I AM THE ONLY SON AND WHATEVER PROPERTY AND OTHER BELONGINGS OF MY MOTHER IS ALL MINE".
He is calling up my mother since 2 days at night 11pm after being fully drunk and talking about property that it is all his.

My nani had removed my mama out of her house some 10-12years back because of the fight between my (unty) maami and uncle (mama) with grand mother (naani). He used to come home all drunk and create scenes. Since then he was staying in a rented house till today. Now he is planning to shift in my grand mother house from 1st July 2013.

He never took care of her. Whatever property my grandmother has made is because of her hard word. She worked abroad. She worked as a care taker in Dubai for more than 25 years. She was not dependent on anybody. Whatever she earned she used to get gifts for us and invest in property.

Now, we need some advice as to what can be done. What is the procedure now or step my mom should take for equal distribution of property between my mom and uncle (mama).

Please help us out.....


Thanks & Regards




Anirudh (Expert) 21 August 2013
Since your Mama will not agree for partition of the property, your mother has to file a suit for partition of the properties left behind by your grandmother.

The court will order partition of the property equally between your mother and mama.

Rajendra K Goyal (Expert) 21 August 2013
Suit for partition need be filed.
malipeddi jaggarao (Expert) 23 August 2013
She has equal right. Follow the advise of Mr.Anirudh.
Raj Kumar Makkad (Expert) 24 August 2013
Filing suit for partition and possession is the only remedy in the given facts.
Shobhna (Querist) 24 August 2013
Thanx a lot for all ur suggestion
Sudhir Kumar, Advocate (Expert) 26 March 2014
drunkard sons keep harassing their siblings till late age till they face conseqeunces of criminal case and they do give opportuinity.

please comments if he has violated criminal law against your family.


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