My mother’s mother has got the Agricultural property from her husband. My grandmother has no male issues. Including my mother ( deceased ) 3 daughters are there for my grandmother. This property came to my grandmother by inheritance from her husband. Can my grandmother execute a will dividing the property equally among her daughters including her share. If not can she execute a will (only her share) (grandmother) to any of her daughters. My grandmother is not willing to make partition because she is about 72 years old, she is suffering from Hypertension, Diabetic & heart problem. Whatever the proceeds from this property she wants spend for her health. Since I am not taking care of my grandmother, My mother’s other two daughters are looking after her. Now can I file a suit for partition under ancestral property or under any other law. If not what is the best option to get partition from my grandmother ( mother’s mother ) Whether this property is an ancestral property or not ?. Do I have a legal right over the mother’s mother property ? My mother is no more. She expired in 2013. I am the only son to my deseased mother. `
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1.The proeprty belonged to your grandmother is cosndiered to be her self acquired proeprty and hence she is free to dispose of it in any manner she likes.
2. During her lifetime she can trasnfer it by way of a gift deed and after her death she can bequeath it by way of a Will.
3. As long as she is alive you cannot claim any share through your mother.
4.only if she does without Will Then only your mother will be entitled to 1.3rd sahre.
Hii, it is not ancestrol property .. Your maternal grandmother ( mothers mother) is the sole owner of property. If your maternal grandmother do not execute any specific will , before her death , then the property will be equally inherited by all her daughters .. Then you can get your mothers share .. However it is to be noted that after demise of your mothers father by what means the property came n favour of his wife ( grandmother ).. If he has not executed any will , then after his demise a share must have been transfered to your mother
1. Did your grandfather died intestate (without executing WILL)?.
2. In whose name the title to the property , as of now, stands?
3. If the property is in the name of your grandmother, then she can execute WILL naming beneficiary/beneficiaries to the property.
4. If the property is in your grandmother's name then it is self acquired property in her hands and she is at liberty to take any decision.
5.As per your narration, it appears that it is not an ancestral property and your filing for partition will not be successful during your grandmother's lifetime.
6. You shall have legal right only in the unfortunate intestate demise of your grandmother, since your mother is not alive and her share of the property shall be subdivided amongst her legal heirs, including you.
1)property inherited by grand mother on grand father demise by will would be her self acquired property
2) she can bequeath her property to all her 3 daughters or to any daughter she pleases
3)your partition suit would be dismissed
4) if your grand mother dies intestate on her demise property would devolve on you and your 2 sisters equally
1. This is your grandmother's separate property which she can bequeath/gift/sell or mortgage in the same manner as her self acquired property without any fetters. By no method of legal interpretation it is ancestral property.
2. Consequently, you have no right, title or interest in her property.
Hi,
You can apply for partition suit.
1. issue legal notice for partition of the property
2.If she refuses then file the suit for partition.
Gather the below documents for the suit.
You will need the following
a) Certified copy of properties which you claim as ancestral properties.
b) Description of properties ( area, location with survey numbers, boundaries etc)
c) Valuation done by Sub Registrar of these properties.
the above are basic pre-requisites in determining the value of the properties and the jurisdiction of courts.
if you get the above mentioned documents, any other requirements for proof of ancestral properties can be submitted at a later stage (during trial). above documents are sufficient to file a suit in court.
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thanks,
adv.niranjan,
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Now can I file a suit for partition under ancestral property or under any other law. If not what is the best option to get partition from my grandmother ( mother’s mother )
This property is yor grandmother's absolute and own property.
Neither you nor anyone can claim any share in the property as a right during her lifetime.
Dont get into any such fancy idea to claim any share in the property either by partition or by any means, it is not ancestral property.
Whether this property is an ancestral property or not ?. Do I have a legal right over the mother’s mother property ? My mother is no more. She expired in 2013. I am the only son to my deseased mother.
This is not ancestral property.
Even if your mother was alive she dont have any rights in the property during her mother's lifetime.
Hence you dont have any rights in this property during her lifetime.
You do not have any right on the property of your mother's mother. That rights will rest with the legal heirs of her lineage, you will have right over you father, father's father etc property.
Regards
