Hi My Grand father had aquired properties and died without having any will. Even My mother passed away without having any property separation officially before 2005. Now my question is that whether do i get right on my grand father's property with respect to my mothers share. Because my grand father had given few properties to me but now his son's are opposing us. I would like to proceed legally and please guide us.
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Grand Father ? Maternal or parental ?
By what mode properties given to u by grand father ?
On the death of father ( grand father), his property will devolve in his children by equal share and at the time of his death, your mother was expired, her share will inherit in you.
Otherwise after mother death, her share will inherit in u.
During grandfather lifetime you have no share in his self acquired property
2) only on his demise would you and your siblings inherit your mother share in grandfather property
1. The property acquired by your mother through inheritance from her mother would be treated as her self acquired property.
2. So the property left by your mother would be liable for equal division among all her legal heirs.
3. Now the property gifted by your grand father will also be treated as your own and hence your uncle can not claim any share or put any objection in its title.
Yes you shall get a share in your grand mothers property. you along with other legal heirs of your mother i.e. your father and your siblings can file for a Partition of share of the property in name of your grandmother.
First talk to them if ready without going to court make an partition deed if not give a legal notice of 15 days for partition if no step is taken file a partition suit along with interim injunction application in court to restrain them to sale or transfer the property.
1. Yes, you have the right to claim your mother;s share of her father's properties who died intestate.
2. Collect the details of your maternal grandfather's properties first and the death certificates of your said grandfather and your mother.
3. Thereafter collect the legal heir certificate of your late grandfather and also your late mother.
4. Finally, file the partition suit claiming your mother's share of your maternal grandmother's properties which shall have to be shared by all the legal heirs of your late mother.
Grand father means my mother's father..
MY uncle (My mother's first brother out of two) has registered my mother's share on my name as gift registration in 2003. So if second bother of my mother who has not signed during registration, approach's the court, then i hope i have right to seek for justice. Please clarify and suggest how to handle this. Note: Out of six acres of my grand father's land, First brother is already holding 2 acres and second brother two acres. remaining two acres are registered on my name. The second brother is approaching the court saying that first brother has registered his share (1 acre) also to me.Will this argument will have value in court?
As mentioned earlier during grand father lifetime you have no share in his property
Hello sir , as per Hindu succession act , you have a legal right over your mother share that was inherited by her from her father as ancestrol property ..it is advisable to file a civil suit for declaration in court to claim your share
Hi
1) Since the properties were acquired by your grand father, these are self acquired properties of your grand father and as such his properties will devolve on his legal heirs under section 8 of hindu succession act.
2) Legal heirs under Section 8 of Hindu succession act are son, daughter, wife, mother, children of pre-deceased son/daughter.
3) Since the properties are self acquired of your grand father , these are not ancestral properties and as such you do not need to worry about Hindu succession amendment act 2005 as the same is not applicable to you.
4) Even assuming for a minute that these are ancestral properties, hindu succession act was amended in the year 1986 by Shri.N.T.Rama rao , where in he granted equal rights to both son's and daughters in ANCESTRAL PROPERTY also in the state of andhra pradesh.
5) So technically the 6 acres owned by your grand father will be divided in to 3 equal shares i.e 2 acres each to sons(2 Acre*2 sons) and 2 acre's to daughter.
6) So your elder uncle is right in executing 2 acres to you by virtue of a gift deed . Yes , the question of younger brother not signing the gift deed is a concern, but since the elder brother has gifted you 2 acres out of 6 acres, the younger brother has no other choice other than to consent to the gift deed executed by your elder uncle.
7) So you will win the case even if your younger uncle files a suit against you.
Hope this information is useful.
Yes you shall have right in maternal grand father property.
See its your mothers share in case of her demise you will inherit it there is no need for registration of gift as uncle has no right over it the property of grand father shall be divided among his wife(if alive) and all children since acquired, since your mother expired than her share goes to you and your siblings and father in equal share without any registration.
So even the gift deed is no use as uncle is not giving anything its your mothers right also the second brother wont have any claim over it because it mothers share and even without any gift deed its your mothers share. So without gift deed you are entitled to equal share as your uncle has (as your moms share) even uncle goes to court his plaint shall be rejected he cannot take any ground.
Kindly understand that its your grandfathers self acquired property and on his demise without will the intestate succession law applies where his wife and children have equal share over property so in view that its your mother statutory share.
You have rights on the property of your grandparents even a gift deed is registered in your name by your uncle that makes no difference . you have rights on the property by birth and no gift deed is required.
filed a partition suit in the Civil Court in this regard to get your share from the property.
1. 1. Yes, your mother is one of the legal heir of her father's property i.e. your maternal grandfather's property.
2. Similarly the legal heirs of your mother has the right on the said share of your mother on her father's property..
1. The matter has now become confusing.
2. How can your elder maternal uncle register a gift deed in connection with the property which does not belong to him but to his late father?
3. Nobody can transfer title of a property which he does not possess.
4. Ask your two uncles to register a partition deed in your favour by which you become the owner of your mother's share of 2 acres of your late grandfather's property.
5. If they refuse to register the said partition deed, you shall have to file a partition suit claiming your mother's equal share of her late father's property.
Your question: Now my question is that whether do i get right on my grand father's property with respect to my mothers share.
Answer: Yes your mother gets a share in her grandfather's property. Therefore after her demise, her legal heirs get the right over that property.
Your query: MY uncle (My mother's first brother out of two) has registered my mother's share on my name as gift registration in 2003.
Response: You are absolute owner of that property;
Your question: the second brother is approaching the court saying that first brother has registered his share (1 acre) also to me.Will this argument will have value in court?
Answer: Your first brother can give you any amount of share he wants to give. Your second brother cannot contest on that.
See, as I understand your query, it is specifically in relation to your uncle averments.
So, let me tell you that as the other one has gifted you a share out of his own during his life time then the second uncle can’t get any right over there to say anything.
Lastly, you all have already dividdd the property in the equal proportionate.
No, need to worry.
If your grandfather is reported to have died intestate then his properties shall devolve equally on all his legal heirs.
Your deceased mother being one of the legal heirs to your deceased grandfather, is entitled for a legitimate and rightful share in it.
Her share of properties shall devolve again on her own legal heirs.
You are entitled to one such equal share along with your siblings.
You can file a partition suit and claim your share and separate possession through court of law.
Yes she is entitled to a share from her deceased father's properties.
You are entitled to a share out of her share upon her intestate death.
You are entitled to have your mother's share as her legal heir/successor in interest.
You can challenge his case legally.
Even without GIFT DEED, u r absolute owner of your mother share,
Gift deed is irrevocable, no relief form court.
Without partition effected, Gift is questionable. Still, elder MAMA has rightly/validly gifted his share too,
So relax.
as i already said.