• Female share in fathers property

Sir
My mother is aged 70 ,her father died in 1968.she is eldest in family ,four younger sister and three younger brothers.
Her father has self aquired properties.till now no partition took place in rest of family members.can my mother demand for share .
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

1.Your mother along with her sisters and brothers have equal sahre in the proeprty earned by his father.

2.now if she is not getting the due share she can file suit for partition to claim the sme.

3. So meet a local lawyer and file a civil suit for partition and separate possession.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Your mother has one eight share in her deceased father property

2) she can file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

If your advocate has colluded with the defendants you are at liberty to change your lawyer

Complain to bar council against your lawyer

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

If you keep close watch on the case and do not sign on any petition without knowing its true meaning may avoid such chance. Good luck.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Yes, your mother may file a civil suit for partition and possession before civil court and also file an application for temporary injunction under order 39 Rule 1&2 of CPC.

Choose the advocate who is pure professional and watched on him and read all the applications or documents before signing, at any stage if you think that there is something wrong doing then change the advocate and engaged another one if your choice.

If you have strong evidence against that advocates then you may file a complaint t against those advocates for professional misconduct.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Your mother being one of the legal heirs of your grandfather, has full rights to claim her share and separate possession f her share in the property let behind by her father who is reported to have died intestate.

She can claim an equal share at par with her siblings.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Any mistake or collude with opp advocate and leads to weakening of case.can this be corrected by taking notice to judge.or any action can be taken on these advocates.Because huge offer from opp party may change the cases.

If you suspect the integrity of your advocate, you can abruptly terminate his services and engage another advocate or if you know the legal procedures, you can take power of attorney in your name and fight the case as party in person on behalf of your mother.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

If the provision of law is clear that your mother is entitled for a legitimate share in her father's proeprty, then let any witness give any deposition against her, the court will go by law and allot her rightful share in the property.

If the judgment is coming agaisnt her then you may prefer an appeal based on the facts and law to get justice through appellate court.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

statement of your witness in cross examination does weaken your case 

 

mere written statement thst she did under coercion would not help you 

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

If he is ready to give statement afresh then their is no issue in the same 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You have in original query stated that it was your father self acquired property 

 

2) during mother lifetime you have no share in said property 

 

3) it is not ancestral property 

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

The ancestral nature of property will extinguish after your mother inheriting it.

After that it becomes your mother's own and absolute property. 

Neither you nor anyone can claim any share in it as a right at least not during the lifetime of your mother. 

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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