• Undivided inherited property of my deceased mother

Hello, 

My maternal Grandfather (father of my mother) was passed away 4 years ago without dividing the properties among his sons and daughters. 

His properties are still not divided. No case was filed in court for the division , as all his sons and daughters (total 4) were not in a hurry. 

Now, unfortunately my mother was passed away in the last Month. All my aunts and uncles saying that I won’t be having any rights on my grandfather’s assets. Is that true? Can you please tell me what rights I have and what should I do. 

Thanks,
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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12 Answers

1. Since mother was alive at the time when her parents died she along with her sisters and brothers had inherited the proeprty of her parents in equal shares.

2.Now on death of your mother you along with your siblings , if any,will inherit undivided share of your mother in equal shares.

3. So ow if your uncle or aunts have refused to part with your share which you have inherited through your mother you can file a suit for partition in the court of law.

4. i may inform that your mother had undivided 1/4th share in the proeprty left by your grand father.

5. When you file the partition suit seek injunction as well so the properties are not illegally sold in the meantime to frustrate your claim.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

On mother demise her share in your grandfather property would devolve on you and your siblings

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

3) seek injunction restraining uncles from selling the property

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Upon your mother's demise, her share in her father's property has devolved upon you.

File a partition suit if you are being denied your mother's share.

Also, seek an injunction against the siblings of your mother from alienating this property and creating thrid party rights during the pendency of the partition suit.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, you certainly do have a share of your mother .. It is advisable to file a civil suit for declaration and Partition in court to claim your part of land ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

You are having a share which falls to the share of your mother. The inheritance rules are as follows:

HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Section 6(5) in The Hindu Succession Act, 1956

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004. Explanation. —For the purposes of this section “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.] Statement of Objects and Reasons [The Hindu Succession (Amendment) Act, 2005] Section 6 of the Act deals with devolution of interest of a male Hindu in coparcenary property and recognises the rule of devolution by survivorship among the members of the coparcenary. The retention of the Mitakshara coparcenary property without including the females in it means that the females cannot inherit in ancestral property as their male counterparts do. The law by excluding the daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed by the Constitution having regard to the need to render social justice to women, the States of Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra have made necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property. The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975. It is proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have. State Amendment Sections 6A to 6C Karnataka: After section 6 the following sections shall be inserted, namely:— "6A. Equal rights to daugher in co-parcenary property.— Notwithstanding anything contained in section 6 of this Act—

(a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co-parcenary property as she would have had if she had been a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son;

(b) at a partition in such a joint Hindu family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: Provided further that the share allotable to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be;

(c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;

(d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No you and other legal heirs of class first of your mother have claim over your mothers share of property.

under Hindu Succession act if father and daughter are both alive after 9 sep,2005 then daughter shall have equal rights on the property. As hindu succession act was amended in 2005 to provide daughter with equal share as sons

Section 15 Hindu Succession act .reads that when a female hindu

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

Its very unfortunate that your mother expired, still you can claim her share of property by filing for partition along with death certificate of your mother.

Also seek an interim injunction so that your uncles and aunts do not sell the property without your consent

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Property of NANA will inherit in his children by equals share i.e. 1/4th each and if NANI is alive than 1/5th.

And share of deceased mother will devolved in her children and husband. So, u have absolute right in your mother`s 1/4th share.Your Mother also have share in NANI`s share 1/4th. and so of yours now.

File for partition suit.

Sec 15. General rules of succession in the case of female Hindus - Hindu Succession Act.

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in

section 16 :

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or

daughter) and the husband;

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have right in the ancestral property. You can file a case for the same. As per Hindu succession Act amendment 2005 you are eligible for the same

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

You do not have rights in your maternal grandfather's properties.

But as a legal heir to your mother you are entitled to a legitimate share out of her share in the property that belonged to her father who is reported to have died intestate.

You can file a partition suit seeking partition of the properties and for separate possession of your a share in the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hi

1) It is factually incorrect and Legally incorrect on part of your aunt's and uncle's to say that you do not have any right on your maternal grand father's assets . As per law, you are fully entitled to claim a share of your grand father's property subsequent to demise of your mother and legally you will now step in to the shoes of your mother to claim her share of property vide Hindu Succession Act.

2) More so, Since your maternal grand father passed away in the year 2013/2014 without leaving any WILL, in accordance to hindu succession act, your maternal grand father's properties will be divided equally between his wife(your maternal grand mother) and his sons and daughters.

3) So as on date of death of the demise of your maternal grand father the partition has opened up and all of his legal heirs namely his wife(your maternal grand mother) and his sons and daughters succeed to your maternal grand father's property as Class I heirs under Hindu succession act and they own the property as Tenants in Common vide section 8 of Hindu succession act.

4) Subsequent to the untimely and unfortunate demise of your mother, her legal heirs namely you will succeed to the mother's share of property derived from her father(your maternal grand father).

5) In order to claim your mother's share and thereby your share in your maternal grand father's property, You should file a suit for partition of properties standing in the name of your maternal grand father, in your capacity as legal heir to your mother .

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) you do have rights in the ancestral property just you have to apply your name for registration in property card or mutation.

2) By submitting your grandfather and your mother's death certificats and you are legal heirs foe tbe deceased.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

You can claim the share that would have come to your mother

Though it is true that you will face problem in fighting the case since you do not inherit maternal property

consult a local lawyer to file the case

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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