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vimala (none)     29 January 2012

My mother's ancestral property partition

Hello everyone,

I am Vimala from Madurai and I have few question regarding ancestral properties. My mother ,aged 89, passed away last year and her brother also passed  two years back. Currently, the ancestral property of mother is managed by my mother's brother's son family.

1. My mother has two daughters and both of them are alive. My mother's brother has two sons and one daughter.

2. Now, the decendants of  my mother's brother claim that properties were not divided for the past 2 generation - counting 2 generation before my mother, that is my mother's father & my my mother's grandfather. So my mother is not elibilgle of equal share and above 2 generation's share will go to my mother's brother only.

3. Currently they say 1/4 of the share is for my mother & 3/4 of the share is going for her brother. Since, women have equal rights in the ancestral property , I deny all their fake claims. Also there is no descendant from any of the above 2 generation.

Please let me know your reply on this. Now they are threatening to execute the partition without my signature - as I argue 1/2 share for my mother and 1/2 share for her brother.  If they are going to divide the property without including me, will the partition will be valid ? How can I stop or invalidate this illegal partition in future ?

Thanks
Vimala



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 January 2012

Their claims untenable. Your mother & her brother being the two branches. They are entitled to property in equal shares. It's always best to file a suit for partition yourself, and get your 1/2 property culled out of the rest. In addition to that you can also put in - what is known as a caveat - to ensure that your uncle's children do not put any frivolous will to try and deprive you of what is legitimately due to you. 

Feel free to seek any clarifications !
Warm Regards
Bharat ChughAdvocatebharat.law06@gmail.com/9810553252
*Let Justice be done though the heavens fall !

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