Widowed daughter's property rights who married in 1980

1. The point when your mother got married is immaterial and inconsequential.

2. At the time of death of your maternal grandfather the property got vested in his children + widow in equal respects, this share of your mother could be culled out by filing a suit for partition. 

3. The 2009 settlement can be challenged and partition sought through a court. 

Thanks for your quick and prompt reply, however i have following query.

What is the percentage of share my mother is entitled for ? meaning does equal right or can it be decided on earlier amendments?

Correct me if am wrong in my interpretation, as I heard that as per our state AndhraPradesh amendment in 1986, person married before 1986 is not entitled for equal rights and only entitled for 1/3 rd share.

so in the light of above can recent amendment of 2995 act is applicable to my mother ?

and if not, what could be the percentage of share she is entitled for?

The first thing is whether the property was self earned proeprty of the father of your mother or it was ancestral. It would fix the share of your mother.

Dear Sir, It has both Self aquired property as well as Ancestral property.

What will be the share of my mother in my mother's father's Self aquired property and Ancestral property?

Thanks in advance

 IN Andhra Pradesh The HSA 1956 is to apllied for distribution of share in ancestrral  property till the year 1986, when HSA (amendement 1986) came into existance.Therefore till 1986, only male members(sons) were coparceners, and daughters had no rights(share) in the ancestral property. Even in the self acquired property of the father, daughters had no share, if the father died intestate before 1986.Even the 1986 amendement  act gave equal share to un married daughters only (as that of the sons.), and they( Un married daughters) only  were  elegible for an equal share as that of the sons. So it is important to note as to when youur mother was married. It is not immaterial or inconsequential.  Since she got marriedin 1980,she is not entitled to any share  her father's( your maternal grand father) ancestral property

The applicability of  HSA 2005 is prospective and not retrospective. Both sons and daughters  become coparceners with equal rights in the property of their father/mother ( and they have an equal share in the responsibilities also), if the father died after 2005.

 Mothers father (maternal grand father) died in 1994.If the other 3 daughters were un married by then, they are entitled  to 1/8 th share-mother+4 sons+ 3 daughters(un married) of the property of the deceased

 Since it is stated that a partition has taken place in the year 2009, it  should be done as per the 2005 amended HSA according to which, both sons and daughters (married after 2005 or un married) would get   equal shares.  If your mother's 3  sisters also got married before 1986, they also are not entitled to any share of their father's ancestral property.

Good advice by Mr. Subramanyam.

In our family we were three brothers and two sisters. Yelder sister got married when she was 11 or 12 years olds. My parents were illiterate and we rest of broters and one siter were childers of age below 10 yeras. Our married sister went to her husbund and she was there hardly for few days. We peoples do not know what happen with our sister and since after her marrage she was staying with us. My father was expired around in 1970. While afetr that we all brothers and siter  got married. Because of some differences between my brothers wives and among familly my elder sister and we brothers were staying seperately in our village and we brothers and sisters had good relations.  In 2009 my mother made distribution of lad which is heritant that came from grand father to father and then to our mother. According her distribution she gave some part of land (0.67 aar i.e. 0 Hector, 67 aar) this part of land is coomon with my brother Bhagawan Shankar Desale. Does my sister has right to sold the half part of this property?. Does my sister has a right for equal share in heritant property. Please advise us.