My mothers property
prakash vka
(Querist) 01 May 2013
This query is : Resolved
MY mother died in 1966. My uncle transfer all porperty in his and my grand mothers name without giving any share to my mother . can I ask for my mothers share now.
P. Venu
(Expert) 01 May 2013
Whose property?
ajay sethi
(Expert) 01 May 2013
you have not mentioned detailed facts of case . whose name property was ?
if property was belonging to your grand father and he died without making a will on his death your mother , uncle and your garnd mother would be legal heirs . on your mother death you would get her share assuming you are the only legal heir .
R.K Nanda
(Expert) 01 May 2013
state full facts.
prabhakar singh
(Expert) 01 May 2013
Did your mother who died in 1966 owned some property in her name is important untold story?
Secondly,Who was the owner of the property your uncle got transferred in his name and in name of your grand mother?
Thirdly, what about your father?Is he alive? or he too is no more?Did he own some property?
Fourthly,Who was your grandfather?Did he own some property?Did he die intestate without leaving any will?
Fifthly,who survived your grand father among his mother, widow, sons, daughters, grandsons and granddaughters?
It is important that you clarify these to understand your or your mother's right.
prakash vka
(Querist) 01 May 2013
MY mother who died in 1966 did not have any property in her name.my grandfather was the owner of the property who died without making a will.It is my grandfathers property which my uncle got transferred in his name and my grandmothers name. my grandfather was a teacher .MY grandfather had two kid my mother and my uncle . my uncle had had six sons I was only son of my mother. Now how do I go about it.
ajay sethi
(Expert) 01 May 2013
when was property transferred by your uncle in his name and that of grand mother ?
since your grand father died intestate his property would be inherited by your uncle , grand mother and your mother share would devolve on you .
contact a local lawyer . challenge the transfer of property in names of your uncle and grand mother only
Devajyoti Barman
(Expert) 01 May 2013
Your mother has no share in the property if your father died before the death of your grand father.
prabhakar singh
(Expert) 01 May 2013
What now transpires that by grandfather you
meant your maternalGF(NANAJI)and by grandmother you meant your maternalGM(NANIJI) and by Uncle you meant your MAMAji.
Then when your mother's father died without leaving a WILL his properties devolved upon his class I heirs who are your Naniji,mamaji,and your mother equally 1/3rd each.
So on your mother's death you have right to claim your mother's 1/3 share.
BUT A FURTHER CLARIFICATION FROM MY SIDE IS THAT IF PROPERTIES LEFT BY YOUR NANAJI ARE AGRICULTURAL AND SITUATE IN UP THEN YOUR MOTHER HAD NOT INHERITED FROM HER FATHER SO YOU ALSO DO NOT HAVE ANY RIGHT IN THE SAME because in U.P.with regards to agricultural properties not the Hindu Succession Act but U.P.Z.A.Succession provisions apply which now recognize succession to widows but not to daughters.
HOWEVER IN ABADI PROPERTY AND HOUSE ETC.HINDU SUCCESSION SHALL APPLY SO YOUR MOTHER SHALL GET 1/3rd in abadi in UP also.
P. Venu
(Expert) 29 January 2015
Query from the same author in today's post reveals the property is in Kerala. If so, you have a right in grandfather's property.
It is seen from today's post that there are some deeper issues. But queriest is not willing or unable to make full disclosure.
