My mother's father expired in 1979 without writing a will. He has 2.4 acres of agricultural land in his name(even now, My uncle has been using it for all these years for his financial needs). Also my mother got married in 1955 and all the documents are with my Uncle. Will my mother have rights on this property? How should we proceed regarding this to get her share in her name ?
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On her father demise your mother has equal share in the self acquired property
2) she should file suit for partition and claim her equal share in the land
3) seek injunction restraining her brother from selling the land pending hearing and final disposal of the suit
On the demise of your maternal grandfather his properties devolved through succession on his widow and children. The share of your mother is at par with that of her brother. She can cull it out by filing a suit for partition in the competent civil court.
1. if the property of your grand father was his self acquired then your mother ahs share in it.
2.However if the sme is his ancestral proeprty then your grand father ahhavingied before 2005 can not claim any share in it.
3. To clain the due share your mother will have to file suit for partition in the local court.
1. All the children of your maternal grandfather are entiled to equal share of his properties after his demise intestate.
2. So, if your grandmother has also demised intestate by this time, your mother shall have equal right on the said 2.4 acres agricultural land of her father along with her brother.
3. She shall have to file a partition suit now before the local Court claiming her share of the said property.
if your mother is only child then she can claim her right in her father's property. if there is any son either real or adopted the she cannot claim.
Since it is your grandfather's property and your mother is one of the legal heirs to your deceased grandfather, upon his intestate death she is entitled to to her legitimate share in the property as a right in the capacity of successor in interest.
Though she got married in the year 1955, since her father expired in the year 1979, she is entitled to a rightful share as per Hindu Succession act, 1956.
She can file a partition suit and also can seek a share in the mesne profits so far enjoyed by her brother and also entitled to have a detailed account of the revenue augmented through this property.
Partition suit and separate possession of her share shall be the last option if all other efforts including an amicable talks or family arrangement fails to fetch any fruitful result.
