• Land division

My mother has two sisters and no brother. So she and her sister got 10 acre from my mother's father(my nanaji after his death). which will be divided between both. my mother has two sons. me and my younger brother. she wants me to settle at my nanaji's  home and my younger brother  at my home(my village). 
1)can she give that 5 acre (from 10 acre, which is her share) to me without asking my brother, ?
2)can i get my share (after getting 5 acre) from my fathers property(my father died long ago,without dividing property which is not divided between my uncle and my father)?
Asked 3 years ago in Property Law from Patna, Bihar
1. Did your maternal grand father leave a will during his life time? If no will was made by him then his house fell in equal shares to your mother and her two sisters after the demise of your maternal grand father. She can give to you 5 acres without asking your bother as this is a property in which neither you nor your brother have any right until and unless expressly granted by your mother by way of a written instrument. 

2. Your proprietary rights in the property of your father have no nexus with the property of your maternal grand father. So you can take your share.
Ashish Davessar
Advocate, Jaipur
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your mother is absolute owner of 5 acres she inherited from her father . she can gift you 5 acres without your brother consent . she can also bequeath 5 cares to you by will . 

2) you also have share in your father property . if your uncle is not willing to give a share file suit for partition .
Ajay Sethi
Advocate, Mumbai
27419 Answers
1491 Consultations
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