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Temptest (Self)     21 January 2013

Right to ancestral properties for daughters born before 1980

hello experts,

 

my maternal grandfather had inherited and self acquired some properties during his lifetime. He died 10 years ago and left no will. He is survived by his wife (my grandma), one daughter (my mother) and one son (my maternal uncle).

 

Since there is no will, my maternal uncle claims he is the only legal heir, as my mother was married off to someone else and he is entitled to get all  the properties in his name as he was taking care of all the properties.  When, my mother asked for some share, he says that daugthers who are born before 1980 are not eligible for equal share in the property. My mother is 59 years old now.

 

Please advise, whether my mother is entitled to get equal share in the ancestral properties?  If so, please guide me how to approach this matter legally.

 

thanks



Learning

 2 Replies

Advocate Vishnu (Advocate)     21 January 2013

From your query , each of the legal heirs are entitled to 1/3rd share in the property of your grandfather. Marriage before 1980 has no legal significance  in your case. Kindly file a suit for partition  and declaration against your uncle before it is too late.

Anish Thakur 7018812737 (advocate)     21 January 2013

If the property is still unpartitioned and not mutated in your uncles name or after year 2005 then your mother is entitled for the share.


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