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Kash (Engineer)     31 January 2013

Property dispute

My grand father had two wife,he has died some 30 years back.
1.My mother is only daughter of first wife(she has passed away when my mom was 3months old baby),subsequently she was groomed in her grand fathers house(her mothers parents)
2.My Grand father married to second wife after first wife death.second wife still alive and has 2sons and 2daughters(one of the daughter passed away)
3.My grand fathers inherted ancesstors property being enjoyed by my grand fathers second wife and her children.
4.recently their two sons decided to sell the property and have approached my mother and to get the consent signatutre to transfer the entire ancesstors property to thier son's name(first grand son of second wife)by forcing my mother(by paying two lacks whereas the property worth 10cores in chennai suberb),My Mom refused to sign as she feels, she derves more than offer.
5.things stands there.as there was no further move from(seems like they are playing wait and watch game)them.

6.Now the question is,
a)what is my mothers share from the property?
b)how to chalenge them legaly?
c)since my mother doesnot have any document to obtain leagl hiers certificate, how to obtain it?
d)is there a posiblity, they can manipulate the documents and sell the property without our notice?
e)in such a senario, how to stop that being happen?
f)what if we don't chalenge  them legaly?
g)how long we can wait without chalenging them legaly?



Learning

 1 Replies

Advocate Vishnu (Advocate)     02 February 2013

 

1. your mother is entitled to 1/5th share in the property.

2. Pl check if the birth vertificate mentions your grandfather's name as her father.

3.Obtain the death certificate of your deceased grandmother and grandfather.

4. your mother must file a suit for partition and injunction against creation of third party interest by other legal heirs


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