My mother passed away in 1991 . My name is Madhu (Male) . I am having two elder sisters . My mother got married in 1982 . And my maternal Grandfather has passed away in 1981 he died intestate I.e., without any will. He had got some properties in city limits. Self acquired Properties. My mother has two elder brothers and two elder sisters. Both brother has passed away during 1998 s and 2003 respectively. After my mother sad demise our relatives kept us in dark relating properties and we do not have any communications. My grand mother has passed away in 2011. In the year of 2000 all my relatives i.e., brothers and sisters of my mother and my maternal grandmother ( Except my mother) has partitioned the properties. Now my question is that, 1. whether we ( Legal heirs of my mother- myself and my sisters) are also having any rights over such properties. 2. Whether such partition is legally correct or not. Because they (My mothers siblings) have not given any share to us.
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your mother had one sixth share in properties on her father demise
2) you have to issue legal notice to your uncle and aunts to claim your mother share in property
3) file suit for partition for division of properties by metes and bounds
4) also seek court orders to set aside partition already done as you were not party to the partition
Now my question is that,
1. whether we ( Legal heirs of my mother- myself and my sisters) are also having any rights over such properties.
If the properties in question belonged to your deceased grandfather and if he was reported to have died intestate i.e., without making any arrangement for distribution of the same among his legal heirs, then the properties that stood on your grandfather shall devolve equally on all his legal heirs consisting his wife and children. thus your mother being a legal heir to your deceased grandfather, is entitled to an equal share in her father's properties.Since your mother is no more, her own legal heirs i.e., her children and husband are entitled to acquire and enjoy her share in that property as right of inheritance or intestate succession.
Therefore you along with your siblings and father can file a partition suit agaisnt all those who have taken away the properties without giving a share to your mother as her legal heirs, with prayer for separate possession.
If the amicable talks fail to fetch any fruitful results, then you may proceed as per law with a partition suit. There is no limitation for filing partition suit.
2. Whether such partition is legally correct or not. Because they (My mothers siblings) have not given any share to us.
This partition suit is legally valid and that is the only solution available before you for the present.
Dear Querist
as per your queries my opinion are as under:-
1. whether we ( Legal heirs of my mother- myself and my sisters) are also having any rights over such properties.
Opinion: yes, you both of you have rights over such properties as your grand parents died intestate.
2. Whether such partition is legally correct or not. Because they (My mothers siblings) have not given any share to us.
Opinion:- Yes, it is legally correct, immediately file a civil suit for partition before civil court against them.
