• My mother wants a share in her father's ancestral property, which is registered for adopted son

My grandfather had an ancestral property(worth round abt 3 crores now) and had 2 wives. First wife had 2 daughters. When she got paralysis he married second wife and she had 3 daughters. The first wife died first (yr unknown) and grandfather died later around yr 1977. Now the second wife(my grandmom) (since no sons), took her one of the daughter's son(my cousine brother) as dattaka putra(adoption as per hindu) in a ceremony and registered all property in his name in the yr 1983. During that time my mother was reluctant to sign and she was assured that she would be given decent amount & bla bla bla & somehow took her sign(She had delivered my sister in 1983).

My grandmom died in 2014 without satisfying my mother's demands...my mother now from past 1 yr asking the adopted son to give some money(10 lakhs) and she will feel good. She is now 67 yrs old. He is not at all caring now. She is thinking of putting a case now to get her share of property from her father.

I, being her elder wanted to ask, will she get her share if she files a case? And how many yrs this case may proceed, since she is old...Please clarify the rules and legal suggestions in this case.

Many thanks..
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Did your mother execute gift deed or relinquishment deed for her share in property

2) on demise of grand father your mother as daughter had equal share in property

3) your grand mother being second wife has no share in property

4) your mother can file suit for partition to claim her share in property

5) suit would take 10 years to be disposed of

6) she should seek injunction restraining adopted son from selling the property

7) kindly clarify on what basis you say it is ancestral property

8) if it is ancestral property your mother would not have share as your grandfather died before 2005

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

yes she can file a title suit on the property of the grandfather as per her share in the civil court and other sisters may also file the case along with and press for the family settlement deed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

what ever is the position of your grans mother she is the legitimate child and have all the rights like other children to your grandfather.

When the title suit will be filed the other parties interested in the partition will be made party by the court itself even if they don't file the suit.

This suit will take time to decide and the cost could 50k plus but in a differed way you may also check from a local lawyer.

Please remember to rate the answer. Thanks

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since your mother did not execute gift deed or relinquishment deed she has share in property

2) on demise of grand father your grandmother could take child in adoption

3) what was the age of child at time of adoption

4) property inherited by grand father from his parents is not ancestral property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

It is not necessary that other daughters support your mother in suit for partition filed by her

2) legal fees vary depending upon the Lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. After the demise of your grandfather, intestate, all his legal heirs are entitled to equal share of his properties.

2. The legal heirs of your late grandfather includes your step grandmother, your mother and her onw sister and also three step sisters.

3. So, the property of your late grandfather will be divided amongst his 6 legal heirs who will get 1/6th of his properties each.

4. So, your step grandmother can gift or do whatever she wants to do with her share of 1/6th of her late husband's properties but can not gift the entire properties left by your late grandfather.

5. Your mother shall have to file a partition suit claiming her share of her late husband's properties.

6. It is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If your mother has not gifted/settled or relinquished her share of the properties, she can claim her share by filing a partition suit now.

2. Your step grandmother can take anybody in adoption but can not gift the properties to her adopted son if she does not own the same.

3. File a partition suit and also an application under Order 39 Rule 1 & 2 praying for a stay on the said son restraining him from selling or dealing with the said property in any manner whatsoever.

4. There is no point in claiming the said property/ies as ancestral since it will not give you any additional mileage. Your mother should file the partition suit as advised in my earlier post.

5. It was the property of your late grandfather on which your mother has equial share along with all the legal holders of your late grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Your mother can file the partition suit for which she need not have any of her siblings' support.

2. She has the support of law which is enough for her to get her share of the property/ies through Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Your mother can legally file a suit for partition immediately. The High Court has framed rules to dispose of new cases within a maximum period of two years. This period of 2 years is for general category people. Since your mother falls under the category of Senior Citizen her suit for partition will be disposed on priority basis. You may visit my office for more details and please see following rules for conclusion of a Civil Suit. The other questions raised by you will be question in personal discussion.

Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The fee for handling this case will vary greatly from lawyer to lawyer depending upon the experience and seniorty of the respective lawyer whom you approach.

Whether or not the daughters support their mother is immaterial.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Being woman she has right in her father's property. As per Hindu succession Act 2005 amendment woman has share in property. It can't be said how many years will the case proceed can't be said.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Your mother is entitled to a share out of her father's properties.

She is one of the legal heirs of her deceased father,hence she may file a partition suit and claim for separate share in it.

The time taken for disposal canot be predicted.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Your mother has to file a partition suit claiming her share out of her father's share in the property who is reported to have died intestate

After it was acquired by your father this property belong to him alone.

Hence the property shall devolve on all his legal heirs

She can fight on this basis alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

lso can you please confirm one more doubt..

Only if my mother files a case, what is the role of other daughters(4 are alive now out of 5). Do they need to support her? If they do not support her what will be the scenario?

Also how much approximately we may need to spend for this case till end?

Your mother cannot include a third person on this as a plaintiff,

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

The property inherited by your grandfather from his father is not ancestral property, if that is so as a class I legal heir your mother shall be entitled to her legitimate share in the property.

The adopted son's claim has to be challenged on the basis of his claim and the applicable law to his claim.

Since the matter is pending as litigation, you can always discuss with your advocate periodically on all such further issues so that you dont miss the bus at last moment

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Property which has remained undivided for four generations is ancestral property

2) property inherited by your grandfather from his father would not be ancestral property

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

4)

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Madam,

Without seeing your documents one cannot suggest you accurately. Better you immediately approach any Senior Civil Counsel.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

With so many replies, your query seems to be resolved.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1.& 2. Your mother has signed the adoption deed registered by her mother which does not deprive her from inheriting her father's property.

3. If title of a property flows for 4 generations, i.e. from great grand father to great grand child with out being interrupted by any sale/settlement/gift deed or will, then it is called an ancestral property. The instant property is not an ancestral property but the property inherited by your grandfather.

4. Had it been an ancestral property your mother would not have had any claim on it as per law since your grandfather had died before the year 2005 (when the Amendment of Succession Act was enacted).

5. Ask your mother to file a partition suit as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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