• Can I claim share on mothers fathers property if mother is alive

We belong to Hindu brahmin family.
My mothers father ( no more ) has 15acres ancestral agricultural property, now uncle is enjoying the property. My mother is hesitating to claim share on property. i am worried that my uncle will emotionally blackmail my mother and get her signature for release deed OR sell the property without knowledge.
now the question is - can i file a suit in court of law and claim share on grandfathers property ?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Sir,

Your mother can claim share in her ancestral property from her parents side. Even if she born before 1956 as per recent Supreme Court judgment she is entitled for equal share to that of her brother. You may take GPA/POA on her behalf and file a suit for partition. The relevant law is as follows.

http://www.livelaw.in/daughters-equal-rights-ancestral-property-even-born-enactment-hindu-succession-act-holds-supreme-court-read-judgment/

Daughters Have Equal Rights In Ancestral Property, Even If They Were Born Before Enactment Of Hindu Succession Act, Holds Supreme Court [Read Judgment]...

The Supreme Court has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property. The ruling was rendered in an appeal filed by daughters challenging a decree in a partition suit, which excluded them from partition. The partition suit was filed by the grandson of the deceased propositus of a joint family in 2002. The Trial Court held that daughters were not entitled to share in property, as they were born bef...

The partition suit was filed by the grandson of the deceased propositus of a joint family in 2002. The Trial Court held that daughters were not entitled to share in property, as they were born before 1956, the year of enactment of Hindu Succession Ac...

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You ha ve no share in property standing in deceased grand father name during mother lifetime

2) mother can file suit for partition for division of property by metes and bounds

3) she can seek injunction restraining her brother from selling the property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) this property belongs to maternal grandfather property correct and your maternal uncle who had possession on the land.

2) According to Hindu Succession Act, 1956

Hindu Succession Act

Succession in the Hindus is governed by the Hindu succession Act, 1956, which bases its rule of succession on the basic principle of propinquity, i.e., preference to heirs on the basis of proximity of relationship. Earlier females were excluded, however this rule of exclusion of females has been done away with.

The law of intestate succession is concerned with matters as to who are the Heirs, what are the rules of preference among the various relations, in what manner is the property distributed in case there is more than one heir and so on.

Intestate succession - A person who dies without making a will is known as intestate. An heir is a person entitled to inherit property after the death of the intestate

The Hindu Succession Act applies to the whole of India except the State of Jammu and Kashmir.

The Act applies to all Hindus, Buddhists, Jainas, Sikhs and to any other person who is not a Muslim Christian, Parsi or Jew.

3)Hindu Succession Act, Class Ist Heirs

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

4) your mother comes under Class I heirs so she is entitled to share in the property. Please read the 2005, amendments of this act for daughter's share related before applying in the court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

It is your mother's right on her father ancestral.property so.the partition suit has to be filed.by your mother.

You cannot claim that property in your mother's lifetime.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Whether or not your mother will have a share in this property, depends on the fact as to when succession opened for this property.

If your maternal grandfather died on or after 09th September 2005, your mother can stake a claim in this property; and otherwise not.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir

Yes. This is ancestral property. You will get right by birth under hindu law. You can claim the property. You can file as a party to the proceedings along with your mother . You can take SPA from your mother to represent. That will resolve the issues.

There is always possibility of getting release deed or sell without knowledge.

Feel free to reach us for further details with documents and family tree further opinion.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Though you have no right to claim share over maternal grandfather property. After death of your grand father since he died intestate your mother can fIle a suit for partition on her fathers property also file application restraining your uncle from selling property till disposal of case. Take SPA from your mother and file a suit on her behalf.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello,

You do not have any right on the said property unless and until your mother gets the share on the same.

Only your mother can file a suit for partition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Your mother have equal share in father`s property along with uncle.

Ur mother can seek partition of property or through POA, u can file suit on behalf of Mother.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the property has been bequeathed in favour of your uncle by your GF, before 2005, then as per S.6 of the hindu succession law, nothing will apply in terms of any disposition which has been made before [deleted]. In such case, your M cannot claim, unless the document is challenged and set aside.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Yes you can file a suit in the court for claim of ancestral Property. You can demand partition and your share in the said property.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Sir,

you cannot file suit in your capacity, you can file as an authority holder, means acting as Power of Attorney Holder for your mother. till your mother is alive, your mother has to file suit as right has crystalised in favor of your mother and not in your favor. after the death of your mother, you get right to fight for the share of the mother. till she is alive , you can act as attorney holder if she authorises you. you cannot file suit or proceedings in your personal capacity.

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

1. If your maternal grandfather died intestate then after his demise his property devolved on his widow and all children equally. The share of your mother is at par with her brother's share in the property. She is free to file a suit for partition to cull out her share in the property.

2. Since during the lifetime of your mother you have no share in the property of your maternal grandfather she alone has the locus to file a suit for partition, but she may execute a GPA in your favour to authorise you to file the suit for and on your behalf.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You do not have any rights in the property that belonged to your mother's father side.

The rights for a share in that property will extinguish with your mother alone and it canot be extended beyond her during her lifetime.

Her share of property in her intestate father's property shall be her legitimate right but a claim for any share in it during her lifetime cannot be made by her children or anyone as a right.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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