Legal share of woman in her fathers property
geetha
(Querist) 26 September 2013
This query is : Resolved
my mother got married in the year 1946. my mother has two sons and one daugher.my mother has 2 brothers, elder brother has got only one son and younger brother has got one son and 3 daughters. My mother is alive and her both the brothers are dead. My mothers's father expired in year 1975 leaving his own earned property that is 25 acres of agricultural land and a house and a rice mill without any will or any settlements to his children.In the year 1979 my mother,s brother has given three acres of land to my mother as a gift settlement that is DHANA SETTLEMENT in tamil language.Now does she has any rights over other properties that is ricemill, house and other agriculture land? Whether she can claim EQUAL RIGHTS over other properties now?
Ms.Nirmala P.Rao
(Expert) 26 September 2013
Dear Client,
Your mother has 1/3 rd share in all your maternal, grand father's property including his agricultural land, rice mill and house etc if she chooses to contest in court.
Rajendra K Goyal
(Expert) 26 September 2013
Your mother can claim her share in the property, provided nothing agreed/ relinquished by her in the said DHANA SETTLEMENT or in any other document.
Raj Kumar Makkad
(Expert) 26 September 2013
As your mother had already executed the settlement deed accepting the 3 acres of land as her share in the total property so no chance seems to claim the partition now but before forming final opinion, it shall be better to go through the settlement deed.
