Urgent: regarding mother's ancestral property law
Vikram
(Querist) 29 June 2014
This query is : Resolved
Respected Lawyers,
My maternal grandfather and grandmother have passed away long time back and my grandfather's property was not divided to any childrens which is a ancestral property. My mother had 2 brothers and both have passed away 10 yrs back. My mother's elder brother was married and have no kids and younger brother was not married.The entire property is now in elder brothers widow name aged around 60 yrs and has been enjoying this till date.
It has come to our notice recently that she is planning to sell the property and also have taken loans against this property and has kept my mother in dark.
My mother, aged 55 yrs has 2 sons(myself and my brother). My Mother is unhappy with what his brother's widow is doing and want this assets to legally pass to grandchildrens thru her. We want to know how much of rights we have and how much share in the property she can claim as we are the only 2 grandchildrens in this family.
Please address this issue as a matter of urgency as this is passing out of out hands and want to retain this by applying to court.
Thanks,
Vikram
prabhakar singh
(Expert) 29 June 2014
On what basis you say properties ancestral and what is idea behind saying so.?
When the property was of your mothers'father then his all children are equal heirs including your mother/
It is not clear how property came to be recorded in exclusive name of widow who was entitled to inherit only her husband's share.
Your mother should file a suit of partition and injunction.
Visit a local lawyer.
Vikram
(Querist) 29 June 2014
Respected Prabhakar Singh,
Thanks for the quick response & yes we will Consult local lawer shortly with all your valuable inputs.
My Grandfather got his property from his father as we have gathered all legal documents which proves that & hence we are sure its ancestral. Also i want to inform you that my 2 mama's & my Grand father purchsed
one property from the income of existing property & was registerd in my Grandfather's name & can this be claimed by mother?
So does this mean that my mother has legal rights as below share in the property?
1. My Grand father & Grand Mother's Share
2. Younger Brother's Shared who is unmarried & has pased away.
3. Her share in this property.
Also the property in question is an agriultural land & we have been told that we cannot put injuction is this correct.
Regard's
Vikram
prabhakar singh
(Expert) 29 June 2014
If your mother's father inherited it from his father still it is not ancestral in strict legal meaning we assign though any thing coming down from any up line would be called ancestral in literary sense.
However this is not going to hamper any of your mother's right of inheritance.
If your mother and two brothers along with their mother survived on death of your mother's father all would get equal.
Your mothers' mother's share and her own properties, if any., would devolve upon your mother and her two brothers in equal.
The share of deceased intestate unmarried brother would devolve upon equally on your mother's brother and your mother in case unmarried brother of your mother predeceased his elder brother BUT in case he died after death of his elder brother then in that case his all share would devolve upon your mother alone.
So it is only share that tood devolved upon your mother's elder brother would go to his widow and rest all belongs to your mother.
Vikram
(Querist) 29 June 2014
Thanks Mr.Prabhakar Singh,
This is very helpful, let me explain the chain in the prder thy passed away.
1. Grand Mother
2. Mother's Younger Brother
3. Grand father
4. Mother's Elder Brother
Plz let us know what share my mother can claim & also canw we file case to get the income from previous years.
Also the property in question is an agriultural land & we have been told that we cannot put injuction is this correct.
Regard's
Vikram
prabhakar singh
(Expert) 29 June 2014
1.Property devolved in equal upon her husband and children.
2.Here your mother's younger brother inherited 1/4th of his mother's property which on his death devolve exclusively on his father.
3.His own properties and his 1/4th inherited from his wife and 1/4th from his predeceased younger son devolved upon your mother and her elder brother in equal 1/2 and 1/2 in all. Because all died intestate and ultimately share get enlarged.
4.On death of your mother's elder brother his widow is entitled to inherit his 1/2 and 1/2 has already vested in your mother.
prabhakar singh
(Expert) 29 June 2014
Understand that in ultimate analysis there were only two to inherit in eqwual their mother's and father's property and they were your mother's elder brother and your mother.
Vikram
(Querist) 29 June 2014
Mr.Prabhakar Singh Sir,
So what I understand is that my mother will get 50% of the property.I Have one last clarification, where around 2 Acres of property has been sold in the last days of my mothers elder brother's death which was purchased from the income for my Grandfather's property.. are we eligible to show this in the court when we file a case or its not worth it.
As i mentioned earlier can we ask for the share of income for these last 10 years.
Regard's
Vikram
prabhakar singh
(Expert) 29 June 2014
You can plead but very cogent evidence would be required to prove the pleadings.
prabhakar singh
(Expert) 29 June 2014
You can plead but very cogent evidence would be required to prove the pleadings.
Vikram
(Querist) 29 June 2014
Hello Sir,
Ok Sure so we will include both property & the income from the property from last 10 years. What will happen to the Loan amount that she has taken agianst this propery..?
Regard's
Vikram
prabhakar singh
(Expert) 29 June 2014
Accounting would be permissible only for last three years and LOAN would be realized from her share alone.
Vikram
(Querist) 29 June 2014
Okkk Thanks a lot sir,
What will be the law act number or reference to claim these last 3 years property income when filing this case also can we put injuction here to stop current year income.
Regard's
Vikram
prabhakar singh
(Expert) 29 June 2014
I suggest you to visit a local lawyer and discuss. What relief should be claimed and what dropped is very delicate matter and is decided after full personal discussion with cliet and this space or platform can never substitute that.
It is limitation Act that regulate time to file suits.But do not try to prepare law.
Hope you put a rest now over your quests.
Rajendra K Goyal
(Expert) 29 June 2014
Agree with the senior expert prabhakar sigh ji.
Kumar Doab
(Expert) 29 June 2014
Completely agreed with Learned Senior Expert Mr. Prabhakar Singh.
R.K Nanda
(Expert) 29 June 2014
no more to add.
