How much property my mom can claim.
Kishore
(Querist) 21 July 2016
This query is : Resolved
My great-grandfather had possessed 63 acres of agriculture land and had 9 male children. My grandfathe(gf) had got a share of 7 acres of land and he self acquired 5 acres. Total asset of my grand father came to 12 acres and he died in 1973. My gf had 5 children out of which 2 are male and 3 are female. My moms 4th sibling. All property and khatha is in the name of eldest son of my gf. Two male sons of my gf has acquired too much wealth which amounts in hundreds of cores. They have raised to such height using gf property as base. 5 siblings of my gf are Hindu undivided family. Property is also undivided. Few portoion of property is sold and has hung up in an unregistered state by buyers. Left out property includes 5 acres of gf self acquired property and 2 acres of gf ancestral property. In the light of clarification given by Honorable Supreme Court on the amendment of HSA 2005.
How much property my mom can claim. Can she also claim property earned by her brothers as we stand still as Hindu undivided family.
If my mom legally retires from the Hindu undivided family by just getting possession of 2 acres land. Can she claim any further property in future.
Or can I(son of female sibling of my gf) claim any property asking for proper division of property including property owned by 2 male siblings of my gf.
Kumar Doab
(Expert) 21 July 2016
Don't use SMS language and abbreviations.
Write full words.
Is your Grandfather alive?
Is the nature of property ancestral? Has your own counsel examined all docs related to property and confirmed it.
The property seems to have been partitioned and alienated and might have lost its ancestral character.
If your grandfather is alive property is indeed ancestral then your mother has equals hare. She can press partition.
In case of property that is self acquired she has not forced share in her father's life time. Her father can dispose the self acquired property in his life time by any valid deed e.g; Sale/Gift/WILL/mortgage etc....................If her father deceases without disposing then she has equal share.
Has your own counsel examined all docs related to property and confirmed that it was Joint Hindu family and HUF?
If yes your mother has a share being coparcener.
You may find the following thread as relevant:
http://www.lawyersclubindia.com/experts/Female-as-a-karta-in-huf--608566.asp
Without any hesitation approach a very able counsel specializing in such/property/revenue/family matters for examination of all docs, facts, inputs related to property and for rendering a considered opinion.
Kumar Doab
(Expert) 21 July 2016
Same query is posted as Anonymous at:
http://www.lawyersclubindia.com/experts/How-much-property-my-mom-can-claim-608666.asp
Kishore
(Querist) 21 July 2016
Thank you for your response Sir.
My grandfather died in 1973. We are very much aware that my grandfather did not perform any partition or gifted or sold.
How to get a confirmation that my mom is still a part of Joint Hindu family and HUF. My mom has not declared any kind of retirement from relationship and in asset matter with their other 4 siblings.
Is there any difference between joint Hindu family and HUF.
Kumar Doab
(Expert) 22 July 2016
Without any hesitation approach a very able counsel specializing in such/property/revenue/family matters for examination of all docs, facts, inputs related to property and for rendering a considered opinion.
