• Mother's side property

My mother side my uncles have 14 acres and other properties at guntur. they sold 14 acres. each acre sold with 1crore 27 lacs. we are from guntur district andhra pradesh
my grand father had 8 children. 5 male and 3 female. my grand father did not write any will. he died at 2002. my mother also died in 2005. after that in 2010 my uncles written a partition deed along with signature of my mother’s 2 sisters. they did not concern my mother children. ( my uncles paid my mother’s two sisters rs: 10 lacks each)
some one says as per ntr act there was no right to ask them. because my mother’s marriage at the time of 1965. my mother’s 1st sister marriage made on 1975, and another sister marriage made on 1985. so some one saying only my mother last sister will right to ask them.
and some one saying as per act after 2005 who are not wrote their partition deed before 2005, then all family members are aligible to right to ask if the member of any person died their children will get the right. 
whether me, my sister and brother can get a right or not. please clarify in this issue.
if any right is there please breif the details ( main points and sections etc.) if any details in pdf format or any other formats is there kindly sent me to email [deleted]
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1) was it self acquired or ancestral property of your grandfather ?

2) on grandfather demise in 2002 under provisions of Hindu succession act all sons and daughters have equal share in property

3) on mother demise in 2005 her share will devolve on you and your siblings

4) you can file suit to set aside sale deed of 14 acres and claim equal share in property

5) if it is ancestral property then as per AP amendments to Hindu succession act daughters will not have share in ancestral property if they were married before 1986

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Hi

It appears that these properties were either self acquired or absolute properties (property obtained by your grand father either through partition or otherwise).

If it is the case of self acquired or absolute properties of your grand father, then all of the 8 children (5 male and 3 female) are entitled to a share of the property.

Also that your uncle's had paid 2 your mother's sisters (1 who got married in the year 1975 and 1 who got married in the year 1985) clearly shows that either the properties were self acquired or absolute properties of your grand father in which daughter's by virtue of section 8 of hindu succession act got a share of the property.

Shri.N.T.Ramarao in 1986 gave daughter's rights in ancestral properties also (please note the word ancestral( property descending directly from father's father, father's grand father etc without any partition for more than 4 generations)) and this was implemented in states like karnataka, tamil nadu , kerala and maharashtra.

In 2005 supreme court gave daughter's rights in ancestral properties all over india (2005 ruling).

So, in your case, your grand father having died in the year 2002, his share would have to be divided equally amongst 9 members(8 children and Your grand mother).

Subsequent to the demise of your grand mother in the year 2005, her share would have to be divided equally amongst 8 members(8 children).

If any of the 8 members (5 male and 3 female) had died in the intervening period between 2002 to as of date,

then all of the children of the deceased member will get a share of the property.

So the key points in your case are whether the property is ancestral or Self acquired/absolute properties of your grand father and then applicability of section 8 of hindu succession act.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

whether me, my sister and brother can get a right or not. please clarify in this issue.

if any right is there please breif the details ( main points and sections etc.)

As per Hindu Succession act, your mother being one of the legal heirs to her deceased father, she is also entitled to an equal share in the properties left behind by her father who is reported to have died intestate.

If your maternal uncles has given their other sisters a share in the property by paying money as compensation the legal heirs of your mother i.e., you, your siblings and yor father are entitled to one such equal share in the property.,

You can file a partition suit against them and claim one such equal share and separate possession of yor share in the property including the properties that have been sold so far.

You can consult a local advocate and file a partition suit.

Dont go by rumors or hearsay information about this by any miscreant who would be misguiding you on this with irrelevant and non-existent laws.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

1) it is great grand father self acquired property

2) on his demise property devolved on your grand father and his siblings

3) partition was done between grand father , great grand father and your grand uncle

4) your mother would have share in property standing in name of grand father

5) you can file suit to claim share in sale proceeds of 14 acres of land sold by your uncles

4)

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

If this property was inherited by yor grandfather though a oral or registered partition deed, then his share of property shall be considered as his own and absolute property and not ancestral property.

Therefore your mother has a right to a legitimate share in his share of property, her brothers cannot deny this legal position.

You may go through the provisions of Hindu Succession Act in this regard.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

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