Hello, My mother asks for equal portion, i.e., 1/5 of the property, which was under her father name. But my uncle say that as per succession act, and since she is married for more than 60yrs, and the property is under their name(uncle) since 1991. My grandfather(maternal side), 1985 he did have a will, and grand mother(maternal side) died in 1993, no will was made. does she has a right to ask, equal portion in the porperty? Thanks and regards, Abhishek
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kindly clarify as to who were the benficaries of grand father will ?
2) do you have copy of grand father will ?
3) is the will regsitered or not ?
4) was it self acquired or ancestral property of grand father?
5) was notice issued to your mother before transfer of property in uncle name ?
6) only after you reply to our queries can we say whether your mother has share in said properties
If your mother's father or mother on whosoever the property stands as on date is reported to have died intestate, then the property shall devolve equally on all their legal heirs.
Therefore your mother shall be entitled to an equal share in the properties as per the provisions of Hindu Succession law.
She can file a partition suit seeking partition and separate possession of her entitled share in the properties left behind by her parents on their intestate death.
Mr. Abhishek the will deed executed by your maternal grand father i.e. your mother's father will came in to effect after demise of your maternal grand father. Your mother is entitled the property as per the will executed by her father during his life time. Death and demise of your maternal grand mother does not effect on the will deed executed by your maternal grand father. If in case your maternal grand father bequeathed entire property in favor of your grand mother then it will go according to her will. if your mother's name mentioned in will executed by your grand father then you have to file a suit for partition and separate possession of property and cancellation the documents under which your uncle's name was mutated in records. You can also seek for change of name in records.
1. your mother shall get 1/5 share in the property(if it was self acquired property of her father) when the property owned by your uncle and he had no known source of income to show that it was purchased by him.
2. only name does not give right over the property.
3. you may file a suit for partition( if property was not ancestral)
Clarification on the questions asked. 1) kindly clarify as to who were the beneficiaries of grand father will ? A) No will was prepared by grandfather(maternal) nor grandmother(maternal). 2) do you have copy of grand father will ? A) No will was prepared 3) is the will registered or not ? A) No will was made 4) was it self acquired or ancestral property of grand father? A) the property was self acquired 5) was notice issued to your mother before transfer of property in uncle name ? A) No notice was issued to my mother, nor my grandmother was aware that the property was transferred to my uncles name. Additional information, my father is retired now and has no source of income We did file a petition but the judge dismissed the case when my uncle appeared in the court and said yes she is our elder sister but all the documents are fraudulent and have no base, and the judge did not allow our advocate to cross question the uncles, what bases they are calling the documents fraudulent.
1. The date of marriage of your mother has no implications here
2.If the proeprty left by the GF is self acquired then your mother does have share. If the property is ancestral then also she ahs share in your GF had died after 2005.
3. To claim her share your mother can file partition suit .
4.Since I do not know what sort of case/petition is dismissed I can not advise further but you can certainly challenge that order in higher court.
1) on grandfather demise yiur grandmother , your mother and your uncle were legal heirs
2) on grandmother demise yiur mother and uncle had equal share in property
3) file RTI application with authorities and obtain certified copy of documents by which property transferred in name of uncle
4). your mother had to file suit for partition to claim her share in property
5) if suit had been dismissed you have to file appeal against order of dismissal
Dear Querist
as per Hindu Succession Act-1956 as amended in 2005, the daughter has not equal right in the property of father if the property is self acquire property and father died intestate before 2005's amendment.
if father died after 2005 then you mother has equal rights in the property if there is no Will exist.
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What was the suit that was filed by your mother?
Did she file a partition suit claiming her legitimate share in the property?
If so, then what is the reason that the suit was dismissed?
Did she not prefer an appeal if the suit was dismissed without considering her rightful claim for a share in the property?
If there was no will by which you uncle inherited the property then it is illegal, you mother can very well claim a share in the property, but it is not understood that what case was filed by your mother against your uncle?
You may consult another lawyer in the local and take a second opinion by producing all relevant paper/documents before him
1. Since your maternal grandfather passed away intestate his property has devolved through succession on his heirs i.e widow and all children. The share of daughters is at par with that of sons in the self acquired property of their father.
2. The date of marriage of your mother is immaterial to her rights.
3. Your mother is at liberty to file a suit for partition in the civil court to cull out her equal share in the property. If you had filed a case and it came to be dismissed then without perusal of the pleadings and the judgment of the court it is impossible to state anything,
