Hindu Succession Act
Umesh Mali
(Querist) 09 January 2010
This query is : Resolved
Dear Sir,
My Maternal Grandfather and Grandmother died in 2001 and 2008. They have 3 children - 2 brothers and 1 sister (My mother). They have ancestral property (agricilture land) by grandfather's name.Now 2 brothers have sold the proprty without giving anything to my mother.
My querries are:
- is my mother is eligible for 1/3rd portion?
- Is it necessary to have name on 7/12 for a claim.we dont have copy of 7/12 and dont know whether her name is there on it ?
- If the land is sold out,what is the way we can claim and in how many days?
Thanks
A V Vishal
(Expert) 09 January 2010
If your grandfather did not will the property and the partition took place prior to 2005, then your mother cannot have claim over her father's property.
Raj Kumar Makkad
(Expert) 10 January 2010
Your maternal grandfather had expired in 2001 and at that time the daughters have only share confined to maintenance means 1/16 share in the entire ancestral property left by him and your mother can still claim for that portion and next your maternal grandmother expired in the year 2008, so your mother is entitled to inherit her 1/3 share.
Your mother can challenge and can get set aside the sale-deed and can get her due share as per law.
Umesh Mali
(Querist) 11 January 2010
Dear Sir,
Thanks for replying.i will be obliged if you further clarify :
Any conditon that my mother should have name on 7/12 or we should have a copy of it..
