Denial of share in ancestral property
MOHANASUNDARAM M
(Querist) 15 November 2014
This query is : Resolved
Place of Property - In Tamilnadu
Religion - Hindu
My Grand Father Have 7.98 acres of land (all in his own name).
He Have 1 Wife & 2 Children – 1 Elder son , 1 Younger Daughter(My Mother) – all are alive.
My Grand Father Passed away in 2002.
My Grandmother is some 80 years old or more.
My Uncle Passed away in 2008.
My Uncle was married, have 1 wife and 3 Children – 2 Daughters(in that 1 married in 2013) & 1 Son - all are Major and all are alive.
My Grand Father haven’t written any will or no part of land have been partitioned till now.
My Grandmother was living with my Uncle’s family.
My Mother was married in 1981.
She has 2 sons - elder brother and myself.
My Uncles family decided to sell part of the land to arrange for wedding of the 2nd daughter and asked my mother to come and sign the sale document.
But My Mother refused because they have decided selling at a lower rate than the market value and my mother asked for the share in her father’s property.
My Uncles family refused o give the share of property to my mother.
My mother has waited for few months that someone will initiate the property settlement process but it was in vain. None of them ever initiated the topic and it seems they wanted to exclude my mother from the property settlement.
In meantime My Uncle’s family have got sign in Release Deed or will from my Grandmother saying false information to her and registered it.
I am planning to hire a lawyer to guide me all though the processes. Before that it would be great if you could clear all my following doubts. I am also seeking your suggestions too.
My questions are as follows.
1. Shall we initiate the settlement though the court because we have tried settling it by common persons known to us, that have no progress?
2. How long it would take to complete the suit in court?
3. Is it possible for them to exclude my mother from the property settlement?
4. What will be my mother’s actual Share in it?
5. What are the documents I need to produce to the court?
6. Whether they can partition between themselves excluding my mother?
7. Whether they can sell or mortgage without my mother’s signature?
T. Kalaiselvan, Advocate 
(Expert) 16 November 2014
1) you may file a partition suit through court of law
2)It may take more than 5 years to get disposed
3)No, your mother has 1/3rd share in your grandfather's intestate property
4)1/3rd
5)Copy of the property document, death certificate of your grandfather, any other relevant document pertaining to the property
6)No, your mother is entitled to a legitimate right to a share in the property
7) No
ajay sethi
(Expert) 16 November 2014
it is self acquired property of your grand father . on his demise each legal heir has 1/3rd share in property . your mother should file suit for partition to claim her share . it may take some years to be disposed of depending upon pendency of cases in trial court
Rajendra K Goyal
(Expert) 16 November 2014
Your mother should file suit of partition of the property if it was self acquired property of the Grandfather. In such case your Grand mother has rights to relinquish her right in favour of your uncle.
MOHANASUNDARAM M
(Querist) 16 November 2014
Thank you Mr.T.Kalaiselvan Sir for your Guidance.
MOHANASUNDARAM M
(Querist) 16 November 2014
Thank you Mr.Rajendra K Goyal Sir for your Reply.
MOHANASUNDARAM M
(Querist) 16 November 2014
Thank you Mr.Ajay Sethi Sir for your Reply.
