Will women married before 1985 will get share in his father property
Nagendra Rao
(Querist) 17 April 2014
This query is : Resolved
Dear Sir,
My mother is having 3 elder brothers and my grandfather expired at my mother childhood itself and later grand mother also expired after my mother marriage having 3 children. Now in 2013 my mother brother's executed a partition deed without any intimation to my mother and share.
Even in register office she didn't sign any document but the partition deed completed.
I would like to know whether my mother will have any right to demand her brother for share.
I request all experts to help in this regard. Property is in ongole Andhra paradesh
Vidhi Joshi
(Expert) 17 April 2014
yes if the property is inherited property.
ajay sethi
(Expert) 17 April 2014
your mother had share in said property . your mother can file suit for partition to claim her share in property
Guest
(Expert) 17 April 2014
Well advised.
T. Kalaiselvan, Advocate
(Expert) 18 April 2014
Your mother very well has a share in her father's property, ask her file a partition suit against her brothers and also to file an injunction application restraining her brother from alienating or encumbering the property any further till the disposal of the said partition suit. Contact a local lawyer and proceed as per his advise.
R.V.RAO
(Expert) 18 April 2014
when a person dies intestate ,all his class 1 legal heirs,ie his mother,wife,sons and daughters all have a right ,title and claim in his self acquired property. so your mother has a share in her father's self acquired property,if he died without making a will.
as advised above,pl. ask your lawyer to file an injunction to stop her brother from sale/alienation of the property, and at the same time she has to ask for partition of the her father's property to claim her share.
Her year of marriage is no issue at all.
