• Family dispute in grandmother's property

Dear Sir,

Here are the case points:
1. Grandmother had 2 sons and 7 daughters
2. Grandmother and 2 daughters are dead (1 of the daughters is my mom). 
3. 2 Sons are trying to sell the property. 

Do I, grandson, have any claim in the property, even through my mother is dead?
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

On grandmother demise your mother had one ninth share in property

2) on mother demise her share would devolve on your father , you your siblings

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

4) seek injunction restraining sale of property by your uncles

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

As per the Hindu Succession Act, if a female Hindu dies intestate leaving behind her legal heirs then, according to section 15 of tge 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;

(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.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Therefore, you have a claim.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hello ,

If the property is india then You do have the right of the said property .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2947 Answers
6 Consultations

4.7 on 5.0

Dear,

Legal heirs cannot claim a mother’s share in her ancestral property is she died prior to enforcement of the Hindu

Succession (Amendment) Act, 2005 that gives equal right of succession to daughters.

If your mother dies after this amendment then your claim automatically arise in your mother's share.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes you can claim share of your mother in grandmother property.

Kindly state all factual detail as of general file a partition suit in the court of competent jurisdiction also among with that take interim injunction against uncle on selling the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, as what i can get from your query is that the property is not the anscestral property and can’t be as only male anscestral property is ancestors property.

Secondly, yes you have the right to have your share in the property, and you can also stop them to sell it.

Thirdly, move the appropriate court there to file a suit for the share in the property and injunction application to stop them to sell till the time shares have not been decided.

Good Luck

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Grand son have no claim in the property of GM but all her legal heirs, (child).

After her death, property is devolved in children by 1/7th share each.

And, 2 daughters who are expired if have, children, their share will inherit in her child.

U have claim on your mother share i.e. in 1/7th.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If your mother is no more you will have the claim in the ancestral property.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

As per S.15(1)(a), the property of a female hindu dying intestate shall devolve upon the legal heirs, including the childrens of the predeceased son or daughter. Thus, you have rights over the property. However, the entire documents has to be perused before offering a final opinion.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

You do not have any right on your mother’s mother property. You just have the right on the property that is there in the line of the decendants of your father.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

1. Your mother has share in the property of her mother and hence on her death you also have share in the property of your grand mother.

2. Similarly of your grandfather died after 2005 or he has left self acquired property then also you have share in the property through your mother.

3. Now if you are denied of your rightful share in the property you can file a suit for partition to get your due share in the both properties.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

Your mom's right devolved upon her legal heirs as per your personal law. you being a son, you have right over the property, provided your mom did not write any Will. IF your mom executed any Will, the terms of the Will prevails.

If you feel your maternal uncles are trying to oust your rights without informing you, you can file a suit for partition.

PKX Kuncheria
Advocate, Cochin
27 Answers
2 Consultations

4.0 on 5.0

Yes you have the share as your mother was the hair in the property so you are. You maybring an injection suit to hold the status.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1. Assuming that the property was the self acquired property of your grand mother and has died intestate ( without executing WILL ), all your grand mother's children are entitled to dial share in the property in the ratio of 1/9th each.

2. In case of deceased person, his/her share shall be further subdivided amongst his/her children totally amounting to single main share of the deceased person. Hence you are entitled to a share in your grand mother's property.

Shashidhar S. Sastry
Advocate, Bangalore
4355 Answers
258 Consultations

5.0 on 5.0

Yes.... You are entitled to 1/9th portion.

Sourav Kumar Mukherjee
Advocate, Kolkata
12 Answers

4.0 on 5.0

If the property was in the name of grandmother and she is reported to have died intestate then her property shall devolve equally on all the legal heirs including the legal heirs of the deceased legal heir.

Therefore as the legal heir of the deceased legal heir to your deceased grandmother, you can very well file a partition suit claiming your legitimate share in the property which belonged to your deceased mother.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

1. You, being the legal heir of your mother, have full right, title and interest on her share of her mother's properties who has died intestate.

2. If both the demised daughters of your late grandmother were married and have children, then the property of yourn grandmother will first be divided in to 9 parts in the name of each of hie children.

3. Thereafter the the respective grand children of her demised daughters will inherit their mother's share of their late grandmother's said properties.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

Being Hindu: Hindu Succession Act will apply.

Accordingly Grandmothers 100 pc share will be divided to 9 shares. So your mother has approx 11 pc share (as she is no more will be passed on to her heirs including you). If the 2 sons want to sell the share of your grandmother they will require consent of other 6 daughters and the consent of the heirs of your mother i.e. one of them is you.

Even if the property is sold it without your consent it can be challenged.

Grishma Lad
Advocate, Mumbai
18 Answers
1 Consultation

4.0 on 5.0

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