What is the widow mother's share in ancestral property?
Kobaka
(Querist) 12 May 2016
This query is : Resolved
Hello experts,
My father died in 2003,after that we got
4.5 acres(Agriculture Land) of parental ancestral property which is given by my grandfather(father's father).
For my mother, we two only sons and no daughters.
After that we had family disputes and me and my brother living seperatly from last two years and my mother also staying with me only.now we tried to divide the 4.5 acres of land among me my brother and my mother.
but my brother not agree to give any share in that land to my mother, so me and my mother planning to approach to court, how much share my mother will get among the 4.5 acres of land from court?
Kumar Doab
(Expert) 12 May 2016
It is believed that you are Hindu.
The deceased father has a share in ancestral property.
His share shall be further devolve upon ClassI legal heirs i.e:
Spouse (mother), sons.
Thus mother is entitled to 1/3 (equal) share out of share of father.
Kobaka
(Querist) 12 May 2016
In that case my mother can get 1.5 acres of land among the 4.5 acres?
or 0.5 acres?
Kumar Doab
(Expert) 12 May 2016
It is simple mathematics.
1/3rd (equal) share out of share of father.
Kobaka
(Querist) 12 May 2016
Could you please help me to know how much share my father will get?
Thanks in advance...
Kumar Doab
(Expert) 12 May 2016
Depends upon what is the nature of property in the hands of grandfather i.e. self acquired/ancestral and how many legal heirs/successors are involved.
Kobaka
(Querist) 12 May 2016
Hello Sir,
My grand father already provided 4.5 acres of land for my father which is parental ancestral,so my father share is decided as 4.5 acres from my grandfather family, now we have to divide that 4.5 acres of land between me my brother and my mother,will my mother get 1/3rd share from 4.5 acres of my father share?
Kumar Doab
(Expert) 12 May 2016
The query has already been replied, based on your posts.
Pls don't post again and again.
Kobaka
(Querist) 12 May 2016
Please provide some clear reply, i am still confused..my mother will get 1/3 rd share among the 4.5 acres of land,i.e,1.5 acres?
or 1/3 rd share of my father's share among the 4.5 acres,i.e 0.5 acres?
Rajendra K Goyal
(Expert) 12 May 2016
Who purchased the property, how and when and total area of property?
When and how the property was given to your father, by registered document of gift, division, will, sale deed or verbal agreement?
show all related documents to local lawyer and discuss.
Devajyoti Barman
(Expert) 13 May 2016
File a partition suit of your brother is not willing to give your due sahres.
The proeprty would be divided into equal 1/3 rd share.
