Partition suit issue
shiva
(Querist) 24 September 2010
This query is : Resolved
Ancestor property is owned by grand mother paternal and she has two children my uncle and my mother. After my grand mother expired my uncle gifted the property to his children. And now my mother doesn't any property, this all happens without her knowledge.
We have filed a partition suit for 1/5 share of the property. This happened because of my advocate. Now we realized that we can ask for 1/2 share of the property. our advocate say's that this is only possibility property share she can get i.e only 1/5 share.
Is there anybody who can guide me, if possible take up the case. I spent almost 60 thousand on my advocate till date. NO Solution till date.
Please guide me, thanks for your time.
regards
shiva
Devajyoti Barman
(Expert) 24 September 2010
If your grandmother has left only two legal heirs at the time of her death which includeds yout mother then definitely your mpther share in the proprty is 1/2.
If the pleading of the case is factually correct then there should not be any problem in amending the plaint to pray for 1/2 share. Do that asap. If you have no faith on your advocate then it is better to change him rather than admonishing him.
R.Ranganathan
(Expert) 24 September 2010
I support the view of the expert Mr. Barman. Immediately change the advocate and get corrected the share in the property before it is too late.
s.subramanian
(Expert) 25 September 2010
I agree with the experts.
VENKATRAMAN SHRINIVAS
(Expert) 26 September 2010
Mr.Shiva.
The information furnished by you needs factual confirmation., You say your paternal grand mother had inherited ancestral property. How can your mother be a daughter of your paternal grand mother. She would be daughter in law for her.The Hindu succession Act was amended in 2005 conferring equal rights to women in h family, if partition had not taken place. Apparently from what you, say, it could be deduced,that a deemed partition had taken place by tacit appropriation by your maternal uncle. In such situation, I am afraid how could your mother stake her claim at his point of time, after efflux of time. The amended law cannot re-open a closed partition but can only accord sanction for existing properties that remain un-partitioned. Pl. verify and furnish factual/accurate information to elicit appropriate view.
