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Panda sampath (Manager)     09 November 2010

property issue

Dear All, I seek an advice from rthis forum. Could some one give their inputs of all possibilities.

 

My Grand Father (mom's Dad) has 2 sons and 6 daughters. Property is on my grand mothers name as she got that from her family as a "Stree Dhana" (pasupu kunkuma). Out of two sons one is no more on this earth. All daughters were married. We stay in the same town where the property resides. However, my uncle stays in westbengal. My grand parents are no more now. In the interest of our grand parents property, we thought of purchasing it. However, no my uncle is not willing sell it of to us due to some internal issues, as he want to grab the entire amount of property with out giving any penny to my another uncles family. Now he had kept the property for sale but not interested to sell it of to us.

At this stage i would like to know how much my mom has right to ask share in that property (since still the property is on my grand moms name). We are not sure if there is any will taken by my uncle. Other sisters of my mom says that he had cheated my grand maa and taken the signature on will, but not sure as he is not telling any thing about the will. Could you please suggest if my mom has a right to fight for a share in that property. If yes, how can we proceed further to claim a suit.

NOTE: Property is in Andhra Pradesh, West Godavari District.

Your suggestions would be really appreciated. Thanks you so much.



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 November 2010

Your mom has 1/8 share in the property and she can claim the same by filing a suit for partition and seperate possession.

Panda sampath (Manager)     09 November 2010

Hi Archana, thank you so much for your prompt response. Could you please give me some clue like any section which we can refer to file a suite? (if possible)

Adv Archana Deshmukh (Practicing Advocate)     09 November 2010

As per the S. 15 of the Hindu Succession Act, if your grandmother has died intestate the property belonging to her shall devolve upon her children and husband equally.  So, your mother is the heir of your grandmother and as such she is entitled to 1/8 th share in the property as your grandfather is no more. She can claim her share by filing a partition suit.


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