Repartition of ancestral property
soham sanyal
(Querist) 29 January 2014
This query is : Resolved
Sir,
I belongs to a hindu family. My grandfather had ancestral property in his name and he died on 1977 without leaving any will. My mother(only daughter) was unmarried at that time. She married on 1987. After that, on 1992, a parttion deed on this property in that way that 1/3rd(by valuation) of this property in the name of my mother and rest in the name of my grandmother(mother's mother) and my maternal uncle(the only sibling of my mother)jointly keeping the name of my grandmother as the first person. Now, my grandmother died on 2013. My question is, do my mother have share on the 1/2 of her mother's property?
Please reply.
Raj Kumar Makkad
(Expert) 29 January 2014
In the given facts, your mother is exclusively entitled to inherit the entire properties left by your grand mother.
malipeddi jaggarao
(Expert) 30 January 2014
@ Shri Rajkumar Makkad:
With due apologies to the senior expert Shri Raj Kumar Makkad, I am little bit confused with your reply.
The case is A has inherited properties.
B is wife,C is son and D is daughter.
A died intestate. Properties were partitioned B&C jointly 2/3 share with B as first named party.
The 1/3 share is given to D - daughter.
Now B - wife died.
The query is - as the original 2/3rd share was in the joint names of mother and son, mother being named as No.1, whether D - daughter can again claim share in that 2/3rd share.
According to me, as she got her share on the demise of her father, she does not have right in the remaining share though her mother was holding that share jointly with her son.
Kindly clarify whether I am correct or not.
Rajendra K Goyal
(Expert) 30 January 2014
Your mother has share in the property left by your grand mother.
soham sanyal
(Querist) 30 January 2014
@malipeddi jaggaro
Sir,
I have one doubt.
If my mother can not reclaim the 1/4th(1/2 of her mother's share) of that jointly held property, then after the demise of my grandmother, her son will enjoy 2/3rd of the total ancestral property and 1/3 rd will be enjoyed by my mother. Then my mother will be deprived from the equal share of the ancestral property.
I will be grateful to you, if you share your thought about this.
prabhakar singh
(Expert) 30 January 2014
Your grand father(Nanaji) died intestate living behind his widow(your Naneeji)a daughter(your mother)and a son(your Mamaji)So each of the three inherited 1/3rd.
Thereafter by a partition your mother got 1/3.
And 2/3 was put in joint share of your your Naneeji and Mamaji.
Now your Naneeji has also died intestate.
Hence her 1/3 share would devolve equally
upon your mother and mamaji 1/6 each.
So now it is 1/2 and 1/2 between the two.
There is no doubt about it.
Any other way to understand things here would be a wrong conception.
malipeddi jaggarao
(Expert) 31 January 2014
ShriPrabhakar singhji - thanks for the clarity.
T. Kalaiselvan, Advocate
(Expert) 02 February 2014
Yes I agree with learned expert Mr. P. Singh. The intestate property was initially partitioned into three parts, wherein the author's mother acquired 1/3rd share, subsequently another share holder, i.e., the author's grandmother died intestate and her share of property will automatically devolve upon her legal heirs, for the present the author's mother and his maternal uncle, therefore his grandmother's share of 1/3rd share in the property will be again be partitioned into two shares equally between the author's mother and his maternal uncle, in other words, the entire property now shall stand partitioned into two equal parts and both shall acquire one share each.
