My mothers share in her fathers property
Satish Purushotham
(Querist) 11 April 2014
This query is : Resolved
My mother expired in the year 2001,totally they were five sisters and one younger brother.My mother's father expired in the year 1995.We are two sons and daughter for my mother.My mother's younger brother enjoying the entire property earned by her father,without giving any share to his late sisters heirs .We being the heirs his late sister,entitled a share in the above property?
Dr J C Vashista
(Expert) 12 April 2014
It is applicable in your case, engage a local lawyer and seek your mother's share in the property, although the Hindu Succession (amendment) Act was enacted in 2005.
Sri Vijayan.A
(Expert) 12 April 2014
Your mother is entitled to 1/6th of her father's property.
You are entitled to 1/3rd of your mother's share.
So your share is 1/18th of your grand father's property.
In this case, you can claim your share in money and can relinquish your interest over the property and can execute and register a release deed in favour of your maternal uncle.
Other solutions are there, but practically tough to get performed and involves pain.
So, have negotiation with your uncle, fix the rate and get work done.
Regards.
A.Sri Vijayan
94440 48547
Rajendra K Goyal
(Expert) 12 April 2014
There is a share of your mother in the property. Consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
If the property was your grandfather's self acquired property and he executed a Will favoring his son alone, your mother cannot legally claim any share out of the said property, but if your grandfather died intestate, your mother's legitimate share in the property can be claimed by all her legal heirs collectively through a partition suit.
Sri Vijayan.A
(Expert) 13 April 2014
I agree with and endorse the views/ opinion of Adv.Kalai.
1. First Check whether any Will available.
2. If yes, check genuineness of the same.
3. If the Will is found Ok, accept it.
4. If you have any doubt on the execution of Will, try to challenge it.
5. If there is no Will,
6. If the property is partitionable, then go for partition suit.
7. If the property is impartible, go for negotiation of rate of your share on the property.
8. Now, read my earlier opinion
Ahmed Daud Girach
(Expert) 13 April 2014
You are entitled to your mothers share from your MAMA in terms of money if partition can not be affected discuss rates and fix it.
R.V.RAO
(Expert) 20 April 2014
yes, as advised, first be very clear as to the nature of the property.
if the property is the self acquired property of your grand father (G.F.) ,and if he died without making a will,then it is the intestate property which will be claimed equally by all the G.F.'s class 1 legal heirs ( namely his mother,his wife, his sons and his daughters) ,and if any class 1 legal heirs are pre- deceased, then their legal heirs (in this case you are the legal heir of your mother, since she is predeceased).
had the property been the ancestral property/Joint Hindu Family property of your G.F,( post hindu succession amendment act 2005), all his legal heirs both male and female (called coparceners) are entitled to equal claim/right/ title over the same.any coparcener can stake a claim / partition of such ancestral property at any time.
After such partition, it becomes the self acquired property of each coparcener.
