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Pratul Gupta (Engineer)     09 November 2013

My Mother's Right in Ancestral Property

Dear Lawyers,

   Here is the case in brief, the anchestral property in dispute in located in K'taka

1. My Mother has 2 brothers.

2. After my Grand Father's death, One brother illegally transfers all property into his wife's name.

3. Another brother files for partition on both his brother and his wife in 1995

4. In 1998 Court allots equal property for both bothers. 

5. All these actions not known to my mother due to distance and their secrecy

6. One brother dies in 2005

7. My mother files for equal share in property in 2012

8. In 2013 another brother also dies

Is there any chance of my mother getting her share ? The partition never mentions my mother's name at all and court has ordered partition in 1998.

PLEASE HELP, my mother wants to know if it's worth fighting the case. 

Thank You in advance

Pratul



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 November 2013

Your mother is legal heir of your grand father, after his death she will be one of successors to the property of your grand father  So  she has got equal share along with other legal heirs.   Right now also your mother has got equal share, for that she will have to file a suit for partition and seperate possession.against all brothers.

Adv. Nikhil Seth (legal consultant (9867264707))     09 November 2013

yes it is worth fighting the case . Carry on with the case file notice of motion so that another brother dont create third party right.. You shall get your share equally press for expediting the matter .

Regards,

Adv.NIKHIL SETH

Mumbai  

Pratul Gupta (Engineer)     09 November 2013

Nikhil Sir and Rajeev Sir,

     Thank you very much for your inputs, I was thinking that partition before 2004 cannot be revoked, but since the partition is illegal, my mother stands chance I guess. THANKS YOU ONCE AGAIN !!!

 

Pratul.


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