My mother and her brother had a dispute over 20 years ago. They filed and our property was divided into 2 halves, one on my mother and my nani's name (to safeguard my nani's interest) and the other half had my mama's name. My mama then drew up a separate will after my nani's death almost 10 years ago, and has now claimed a significant part of what was left to my mother and nani as well. My mother is 63 and wants to sell her rightful share. What can legal recourse can I take?
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1) it is necessary to peruse nani will to advice
2) on demise of nani her property would devolve on your mother and uncle as per will
3) if she died intestate both would have equal share in nani property
4) mother can sell her share in property without consent of uncle
1.There is no legal bar on the part of your mother to sell her undivided share.
2.So literally she can search for a prospective buyer and sell her share.
3.Another recourse is make a physical partition of ehr share and if her bother objects to that she can file a suit for partition.
After the division the share which went to your mother and grandmother (maternal) became their separate properties. However, if your grandmother died intestate in respect of her share then her share has devolved on her Class 1 heirs. The class 1 heirs of a Hindu female dying intestate are her husband and children including children of predeceased children. So your mama has a share in the share of his mother which he can cull out through a suit for partition in the civil court.
Your mother will have to file a partition suit, obtain a title for her part and then only can she sell the same. Please contact a local lawyer for filing the same.
Regards
If your mother got the property in partition, she can very well sell her share of property.
If not then she may have to file a suit for partition seeking partition and separate possession of her share in the property.
