My grandfather died on 1991 he has 3.25 acre ancestral property and 6.24 acre self acquired property and he has not made any will, he has 4 sons, 2 daughter and his wife are stil alive, My mother along with her sister asked for small share in above property with brothers but they're denied to give share, till date partition not made, title in my grandfather only.. my mother was born in 1960, pls advise she is(my mother) eligible for share or not, if we file the case how long will take..
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
See if the property is joint Hindu property or ancestral property then mother will not have any share in case her father expired before 2005 ,that is Hindu Succession act amendment.
But in case the property is self acquired or he received after partition from his father then in that case she will have equal share and she can file a partition suit for her share in the property. Nature of property is important here.
Dear Madam
Irrespective of date of birth each legal heir has equal share. Just file partition suit and it will be ended mutually within 3 months if contested within 18 months
Your mother has one sev enthusiasm share in self acquired property of grandfather
2) as far as ancestral property is concerned she would not have share as her father died before 2005
3) kindly clarify on what basis you say property is ancestral
4) property which has remained undivided for four generations is ancestral property
1) All siblings have equal share in the property in ancestral as well as grandfather's self acquired. as per Indian Succession Act.
3.00 acre property was in the name of my great grandfather(for my mother he is grandfather) recently katha(RTC) has been transferred to my living grandmother.. without intimated to my mother..pls advise my mother is eligible share on this or not..My grandfather died on 1991 but partition not done till date.. can my mother file partition suit??. Remaining 6.24 acres is self purchased by my grandfather..
See your mother can file a partition suit on the property of 6.24 acres along the 3.00 acres the court shall with help of documents see the nature of property and you shall get your share. Further along the suit file an interim stay application so that property is not sold pending the case.
1) Yes, your mother can file for partition suit in both the properties.
it is not ancestral property and your mother has equal share in said property
2) mother should file partition suit at the earliest
your mother can claim in the self acquired property of her father as she is his class 1 legal heir
however since grandfather died in 1991, your mother cannot claim a share in the ancestral property
your mother needs to file a partition suit in court
no lawyer will be able to tell you how long this suit would take
it all depends how the matter unfolds and what twists and turns come in the way
but a civil suit for partition will take several years to resolve
so its better for the parties to mediate and settle dispute amicably rather than fighting in court and incurring heavy expenses
Dear Madam
now it is exclusive property of your grand mother. To safe guard the property your mother can file suit in disguise. we shall work out only after personal meeting.
the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.
Dear Cleint,
Your mother have 1/7th share in every thing.Partition suit valid.
In 3 acres land, her share will be less as there must be great grand children but in his self acquired land, mother have 1/7th share.
Your mother is entitled for her legitimate share in the properties that are still on your grandfather's name and even on the proeprties that have been transferred to his sons illegaly or fraudulently subsequent to your grandfather's death.
The so called ancestral properties are also your grandfather's own oproperties if they are on his name at the time of his death, hence you mother can file a partition suit seeking partition and separate possession of her rightful share out of her father's property.
Your great grandfather was your mother's grandfather and his property was inherited by your grandfather hence it will not become an ancestral property by any means to your mother. That property also becomes your grandfather's own and absiolute proeprty and upon his intestate death, they shall devolve equally on all his legal heirs, your mother being one of the legal heirs shall be entitled to one such equal share in the prperties left behind by your deceased grandfather.
The transfer of khata by your grandmother to her name is illegal and invalid especially when there are other legal heirs living and they have not given any no objection to this effect.
Your mother can file an objection to this transfer of khata to your grandmother's name and get it changed to your grandfather's name itself till the disposal of the partition suit that can be filed by her seeking her legitimate share in the property.
Since hyour grandfather not made will, surely all his property will have share for your mother. so you can file for your mother shares.entire property will be given share to all equally.
