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Latha R (nil)     31 August 2013

Ancestral property dispute

Hello,

I am writing from Madurai and need guidance on the following issue.

My mother's father's father (i.e. paternal grandfather) has some property in his village.  My grandfather had one brother.  Both my grandfather and his brother passed away.  My grandfather had one son (my uncle) and one daughter.  His son passed away 15 years back and only his daughter (my mother) is alive now.

My aunt (uncle's wife) got possession of the property documents and have changed the documents (with patta) in my uncle's name without giving any share to my mother and going to sell it now.

I would like to know the followings:

1. Does my mother have 50% share on the property.

2. If yes, can i file a case against her.

3. In case my mother passes away before the case, do i or my father have the right to fight the case and get the property.

4. My mother does not have any document proof to prove that she is the granddaughter of my great grandfather (she is 65 years old now).  What should i do if we are asked to prove it.

Your advice will be appreciated.



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     31 August 2013

Send the family tree to advise properly

adv.raghavan (Advocate,9444674980)     31 August 2013

if ur parental grand father had died intestate, ur grand father and his bothers is eligible for share in ur PGF property, coming to your case ur grand father had two issues, one son (your uncle) and a daughter( ur mom) , and if he had died intestate(WITH OUT ANY WILL) both the issues are eligible for share in his property. ur uncle has passed, his share will go to his legal heirs and in your case your mother will get her share, ur uncles wife cannot sell property on her own to any body without the consent of u people, if any body is going to buy property from them they are inviting problem. 2, u can file a case for partition suit, 3, if ur mother passes away u and other legal heirs can implead  in that case and can get ur due share.  i am unable to understand ur last question come with clear details.

1 Like

Latha R (nil)     31 August 2013

thanks Mr. raghavan.

I would like to know that do i have to prove in the court that my mother is also the legal heir for this property i.e she is the grand daughter of the property owner.  My aunt has got the legal heir certificate  to prove it.  

I was told that we need to have some document which proves that she is the grand daughter of the property owner (grand father) or daughter of son of  the property owner.

I hope i have made it clear.

kavksatyanarayana (subregistrar/supdt.(retired))     02 September 2013

apply to the authorities concerned to obtain the lega heir certificate of your mother.  


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