My mothers share in her fathers property and ancestral property
ngopidhar
(Querist) 04 February 2016
This query is : Resolved
after the death of my grand father in 1990,my mothers brother's numbering 4 have divided the property among them.Now,when my mother ask them to give 1/5th share in the property
my mother's brothers are telling her to go to
court to get 1/5th share.kindly advice us as what should we do to get her share and also tell if a case is filled only she should be a part to the case or we her children can also be part to the case as she is aged and cannot
travel very often because of her ill health.
before filling the case what measures should be taken by us.
Devajyoti Barman
(Expert) 04 February 2016
Your mother is entitled to equal share in the elf acquired property of her father. However she will not get any share in the ancestral property of her father.
So ask her to file a partition suit.
P. Venu
(Expert) 04 February 2016
Your mother can file the partition suit; children cannot be a party to the suit during the life time of the mother.
Rajendra K Goyal
(Expert) 04 February 2016
Your mother can file suit for partition, agree with the experts.
Kumar Doab
(Expert) 04 February 2016
Your mother can give POA if she can't travel.
Dr J C Vashista
(Expert) 05 February 2016
Well advised by experts, I appreciate.
However, since your grandfather (nanaa ji) expired in the year 1990, much before amendment in Hindu Succession Act, 2005, your mother cannot have any share in her ancestral (paternal) property.
