Rights on mother ways grandfathers and their ancestral property:
Hari
(Querist) 24 January 2013
This query is : Resolved
We are 4 Sons in our Family and my mother passed away on Jan 2011, and my mother was the first child of my grandfather’s family and she had 5 brothers and 2 sisters. (All are Hindu)
(Grandfather and Grandmother was no more). My Grandfather passed away on Mar 2002 and Grand Mother passed away on June 2011 (Mother's Parents). My Moms Ancestral has totally 6 acres of property on which my grandfather had given a "WILL" on 1985 for 2 acres to my Maternal Uncles. Remaining 4 acres of Ancestral Property are not partiotioned. The “WILL” is registered only by my Grandfather and 5 Maternal Uncles, without my mom and aunt's signature. My Grandmother and uncles sold 2 acres of land from Ancestral Property on 2004 without getting signature from my mom and aunts. Apart from that in 1985 my Grand Father by his self earned 8 Acres of Agricultural land and that is not partitioned and there is no “WILL” on that property.
After my grandfather expired, my maternal Uncles got the Legal heir and it shows all names. (5 Sons and 3 Daughters)
My mom got married in the year Oct 1979. My aunts are married on May 1984 and March 1990 respectively.
Now my questions are:
1. Do we eligible to ask our share, Since my mom got married in the year 1979?
2. Is the “WILL” which given by my grandfather is legal? Shall I have rights to demand our share from my Mother’s Ancestral Property?
3. Can I file a case to recover my share for the property which was sold by my uncles on 2004?
Please answer the above it would be really helpful at this time, because my uncles are not ready to give single piece of property or money to us. My aunts are also not willing to ask their share and they are not co-operating with us.
R.K Nanda
(Expert) 24 January 2013
contact local lawyer.
