I want to know that does my mother has any share in the property of her parents
prashant kumar
(Querist) 10 February 2015
This query is : Resolved
elaborating my query further, my mother is married since 31st may,1984...she is part of 7 brother and sisters(3 brothers and 4 sisters).she stands 4 in the row..after 2 sisters and one brother.MY NANAJI DIED LAST YEAR BUT MY MANIJI IS STILL ALIVE.my nanaji had on his name huge property in the form of many lands and houses in village in bihar.he also still possesses on his name a big apartment in kolkata which is also built on the land which was buyed by him(actually the whole apartment was broken and restructured by a kolkata based promoter)..as a result of which after the reconstruction the promoter gave him 1 flat as share of the land but my nanaji payed 23 lacs(saved and fixed by him) to buy the remaining 2 flats to give to his other two sons.much before he had 5 cars which he gave to his 3 sons but eventually all 3 of them sold the cars after earning from them and buyed new cars of their own choice.now i want to know that does my mom has any share in those property??? if yes then please tell me under what provisions she has what share in which category,that is in the lands,houses,flats,cars,fixed money used to buy flats..etc...there is also one fact that my nanaji had made NO "WILL" before his death..so i want to know that can my naniji can stand as a problem in my mother getting her share of property??? actually the reason behind all this is that my all 3 'mamaji' keep my parents bullying..and they have spoken many ill words of us(trying to defame us in the society),they think they are superior to us coz of the huge property that they boast of...so we are planning to revenge them this way to break their confidence of confidently bullying everybody.one more point to include that all these property have been earned only by my "NANAJI" by all means..and their is not a single penny invested by any of my "MAMAJI" in all these property..so please help me at the earliest possible to help me carry out all my proceedings.
adv. rajeev ( rajoo )
(Expert) 10 February 2015
Being a legal heir of your nanaji, your mother has got equal share in the properties of your nanaji
Rajendra K Goyal
(Expert) 11 February 2015
Your mother has got equal share (1/8 each - seven sons and daughters and one naniji) in the property of your nanaji. you can file suit for partition. your mother has no share in the property in the name of your mama etc.
ajay sethi
(Expert) 11 February 2015
your mother has 1/8th share in property standing in name of your grand father . she can issue legal notice and file suit for partition
Dr J C Vashista
(Expert) 11 February 2015
I agree with experts, your mother has 1/8th share in the property of your Nanaji.
Seek partition through a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 13 February 2015
Your mother is entitled to a legitimate share in all those properties of your grandfather upon his intestate death (except on those properties on which your grandfather had already made settlements to his sons), consult a local lawyer and file a partition suit.
prabhakar singh
(Expert) 13 February 2015
YOU STATE YOUR NANAJI DIED INTESTATE,THAT IS WITHOUT ANY WILL,LEAVING BEHIND HIS WIDOW AND 4 SONS AND 3 DAUGHTERS,WHO ALL ARE HEIRS
OF CLASS I CATEGORY UNDER HINDU SUCCESSION ACT AND ARE ENTITLED TO TAKE 1/8th EACH.
BUT IN MANY STATES SUCCESSION LAW WITH REGARD TO AGRICULTURAL LAND IS DIFFERENT
AND GENERALLY DAUGHTERS ARE BARRED TO SUCCEED. HENCE YOU NEED TO CHECK IT IN
BIHAR.
HAD IT BEEN U.P. DAUGHTERS WOULD NOT GET IN AGRILAND.
