rajasekarprasad (software) 04 October 2009

Will my mother get share from her father self earned propert

Hi Sir,

We are Hindu family and from Bangalore (our Garand father properties

in Bangalore)

My grand father has 3 daughters and 3 sons, and 1967 my mother got married.

And grand father expired in1995 without will his property, after a

year(1996) sons are distributed that property.

My Question:Legally, will my mother get equal share from her father

self earned property?

I appreciate your valuable suggestion

Reply Follow

13 Replies

Anish goyal (Advocate) 04 October 2009

Yes your mother get the equal share as her brother are having. But your mother hasn't claimed it and since 14 years have been passed your mothers claim is barred by limitation act

rajasekarprasad (software) 04 October 2009

Under limitation act , how many year before my mother suppose to claim the property.

k.kumar raja (advocate) 04 October 2009

mr.anish is correct.limitation period is 12 yrs.the time starts from the distribution date of brothers hence you have to calculate.

rajasekarprasad (software) 04 October 2009

Under limitation act ,which section it says ?

k.kumar raja (advocate) 04 October 2009

article.65 of limitation act.

charudureja (advocate) 04 October 2009

The above views are correct. as per law your mother was entitled to share the property with her brothers but at the time of partition and even after that she didnt claim that. the right isnt unlimited it is subject to limitiation act and after the period of limitiation has come to an end u have no right.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 October 2009

Agreed with Chandureja

rajasekarprasad (software) 06 October 2009

They them self distributed the property without my mother signature. does she have rights to ask share?

Adinath@Avinash Patil (advocate) 06 October 2009

your mother can file civil suit in banglore for partion and seperate possession of her share, and she can challenge previouse distribution of property made by her brther withut obtaing her signature, in said suit. There is no bar of limitation for filing of partition suit.

rajasekarprasad (software) 06 October 2009

Thanks a lot for your valuable suggestion.

Bhushan V. Kale (Lawyer) 06 October 2009

I agree with Mr. Adinath Patil sir. I think, in this case the limitation will start from the date of knowledge of partition.

sunil pagare (lawyer) 26 November 2009

I agree with Mr. Adinath Patil & Mr. Bhushan Kale sir ,limition start from the date of knowledge,limition can be extended in suit mentioning that ur maternal uncles were ready to give share but now they denied the same.

Parveen Kr. Aggarwal (Advocate) 22 December 2009

I agree with Mr. Adinath Patil that there is no limitation period for a suit for partition and your mother remains a joint owner in the property till she relinquishes her share. As such, she can claim separate possession of her share by way of partition.