Do not worry as taking documents relating to the proeprty does not make your uncle sole owner of the all the properties left by his father.

On death of your grand father without any Will all of his children will be entitled to equal shares in the properties left by him.

So your mother has 1/3rd sahre in the proeprty of her father provided her mother is dead.

Since your mother mentally unstable apply for appointment of your self as his legal guardian and then file a suit for partition to claim her 1/3rd share in the proeprty. in the said suit claim injunction as well.

On grandfather demise your mother has one third share in his property

2) Section 2(l) of the Mental Health Act, 1987 defines mentally ill person as follows:-

(l) mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation;

5) you will have to apply to court for your appointment as guardian under the provisions of the Mental Health Act, 1987.

If you know the property the details may be arrange from the tehsil.

The share in the father's property passed to your mother will be passed to you.

If there is any problem just file a civil suit in the civil court for the shares in the property inherited from the grand father.

1. Since your maternal grandfather died intestate i.e without writing a will his properties have devolved through succession on all his children including your mother equally. The share of your mother is at par with that of her brothers.

2. If your mother apprehends that her share may be alienated by her brothers then she should file a suit for partition to cull out the separate possession of her share and also seek permanent injunction to restrain the siblings from alienating the property.

3. If the original documents have been taken away by them then apply for and obtain certified copies from the office of sub-registrar.

Upon the intestate (without leaving a will) death of your maternal grandfather, his estate will devolve on all the legal heirs equally. As your mother is reportedly mentally ill, you can legally represent her. You have to file a succession suit in the district court having jurisdiction over your grandfather's property. First file a caveat to safeguard your interests.

If you have all the details of the property that owned by your grand father you can file a case for partition.

you may have to provide all the documentary proofs to the Honourable Court and a certificate from the medical practitioner stating that your mother is mentally unstable.

With out the consent of you and your mother the legitimate share of your mother can not be sold.

File a case for partition.

On demise of your grand father your mother will have 1/3rd share in the property of the grandfather.

Your mother's brother can not transfer her share into his name for the reason that in absence of any will 1/3rd share will devolve on the mother.

Since your mother is mentally ill, apply in the court for your appointment as guardian under the provisions of the Mental Health Act, 1987.

contact a local lawyer

Regards

Dear Client,

Being legal heir, ur mother have equal share in the property/assets along with other siblings.File suit for partition and injunction, not alienate any property of grand father. Court will remand all the documents

All the self-acquired properties of your grandfather will devolve upon your mother, her sister and brother. Thus, all 3 of them will have 1/3 share each in the said properties.

Your mother may pass on her undivided interest (1/share in these properties) to you by means of a conveyance deed. To write this conveyance deed, the original documents are not necessary, but will be required as the same will contain all the material particulars and references.

The best of way of tackling the present situation is that your mother may file a partition suit and seek her share. In case, she is mentally ill, you may obtain approach the Court and get appointed as her legal guardianship. Thereupon, you may file this case on her behalf.

There is no validity period .for guardianship

A minor becomes a major on completion of 18 years of age. Till such time, the minor has to be legally represented by his/her parents who are the natural guardians. In the case of court-appointed guardians, the guardianship continues till the minor completes the age of 21 years.

Generally not. But, it depends on the Court which grants you the guardianship of your mentally unstable mother to you.

up to 18 years of age.

That will be mentioned by the court in the order, if nothing is mention then till demise of the concerned person.

Regards

Your mother has a right to a share in the property left behind by his father who is reported to have died intestate.

She can very well demand her legitimate share in the property, she has an equal right to that of her brother, he cannot deny or deprive her rights in it.

If her brother is not agreeing to give her share by partitioning the property,m she can file a partition suit seeking her share and separate possession of the same.

Please be aware that you do not have any rights in your grandfather's property directly especially during the lifetime of your mother.

Is there any validity Period for guardianship ?

If you say that your mother is mentally unstable, you may have to obtain a medical certificate to this effect and file a mental health OP to declare that she is mentally unfit and also to appoint a guardian for her to take care of her and her properties.

If court is convinced then you can become guardian to your mother or else the court ,may appoint any other person as court guardian to her.