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govind (SE)     19 November 2009

My mothers share in her fathers property

 

 

Hi Am Govind,

 

My Mother married in 1978, Her father had some property.

My mother has 3 sisters and 1 brother. He is enjoying all the property. Is my mother eligible to get share of her fathers property ?

 

What all we need to get her share of the property, please advise

 

Govind



Learning

 22 Replies

Sanjeev Kuchhal (Publishers)     19 November 2009

Yes she would be eligible for her share.

Adv Archana Deshmukh (Practicing Advocate)     19 November 2009

 File a suit for partition. Your mother is entitled for 1/4 share in the property or 1/5 if her mother is alive.

k.kumar raja (advocate)     19 November 2009

both sanjeev and archana are correct.

snchandrasekarabharathi (senior manager (Law))     19 November 2009

you have not informed whether the properties are ancestral in nature or in the name of your mother's faher.  If it is in your mother's father, then your mother has equal share along with her brothers and sisters.  If it is an ancestral property, then at the time of death of your mother's father there was a notional partition. Then there are onlytwo male members.  Each one get 50 %.  Out of the father's 50 % share your mother gets equal share along with her brother and sisters.

Vineet (Director)     20 November 2009

Agree with Mr Bharathi.

The facts regarding source of property, whether ancestral (HUF) or self acquired , date of death of your maternal grandfather and details of his successors at the time of death is required to properly address this query.

K. Rajendra Prakash (Advocate)     23 November 2009

I agree with Mr. Veneet and Mr. Bharathi

K. Rajendra Prakash (Advocate)     23 November 2009

Mr. Govind,

Furnish the following particulars:

1.   Whether the properties are self aquired property of your maternal grand father or ancestral?

2.    Date of death of your maternal grand father?

3.    Are the sisters of your mother married?

govind (SE)     23 November 2009

 

 

1) Part of the property is aquired from Grandfather and remaining property is ancestrol

2) Grandfather died in 1989

3) Yes all are married

govind (SE)     12 July 2010

Hi,

My Uncle( mothers brother )has sold some part of the ancestral property without getting my mothers signature.

Does he need any signature from my mother ? 

What should we do now ?

Govind

Anil Agrawal (Retired)     12 July 2010

All legal heirs of your grandfather are entitled to their share.

Rajadiraja (Advocate/consultant )     13 July 2010

What is the position if the property is ancestral and located in Tamilnadu.  What is the share available to the mother if she is married in the year 1957.  Both her parents are no more. Even the brothers are no more.  Some of the properties are sold by the brothers stating that there are no female legal heirs.  How to take action on those porperties.  Thanks.

raj kumar ji (LAW STUDENT )     14 July 2010

GOVIND JI ,  THERE ARE SOME QUERY FROM UR SIDE

1-UR NANA JI HAVE PROPERTY IS SELF EARNED BY HIM?.

2-NOW HE IS ALIVE OR NOT ?

3-HE MAKE A ANY TYPE OF WILL BEFORE DEATH ?

PLZ CLEAR IT THESE QUESTION .

 

 

REGARDS -RAJ KUMAR

govind (SE)     14 July 2010

Hi Pllz find my details below

 

1-UR NANA JI HAVE PROPERTY IS SELF EARNED BY HIM?.

He had both self earned and ancicteral property

2-NOW HE IS ALIVE OR NOT ?

He is not alive, he expired in 1989.

3-HE MAKE A ANY TYPE OF WILL BEFORE DEATH ?

No he has not made any will before his death.



raj kumar ji (LAW STUDENT )     21 July 2010

govind ji thank u ,

now one thing that ur mother and her sister sighn any type of papers from ur mama side ?,

if no then all the three sisters can file a case of his brother she have a 100%right or share on that property

and ur case was so strong ''''''''''''''


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