on demise of grand father property would devolve on grand mother , 2 sons , 2 daughters
3) your mother one fifth share would devolve on you and your siblings
Grandfathers self acquired property
My GrandFather has Self Aquired Property and expired without dividing the property. My GrandParents having Two Sons and Two Daughters, My Mother is one among the daughters she expired due to cancer disease. Now my grandmother trying to divide property among the remaining three. Do I get part on behalf of my mother. I also have a younger sister.
Asked 7 years ago in Property Law
Religion: Hindu
19 Answers
Yes, you will be get share in the property as this is ancestral property for you.
Dear Client,
Your mother share will inherit in her children i. e. son of a pre-deceased daughter; daughter of a pre-deceased daughter.
If your maternal grandfather died intestate then after his demise his property devolved on his widow and all children equally. The share of your mother is as per with her brother's share in the property.
1. IF the property was "self-acquired" by the grand father, THEN it means it is not ancestral property and the property holder can unilaterally Gift /Transfer /Sell /Lease /Mortgage the property to anybody without any reference to his legal heirs.
2. Further the Grand Mother, can conduct property partitioning proceedings ONLY "IF" the Grand Father had left his WILL in favor of Grand Mother. IF not then Grand Mother cannot do any proceedings and "ALL" the residual legal heirs have EQUAL share in the Grand Fathers property.
3. Also a civil dispute can be filed, forcing the Grand Mother to settle the issue equally between all residual legal heirs.
Keep Smiling .... Hemant Agarwal
You are the equal shareholders as others are and you can claim the property even if your mother is expired before the partition of the property you can let your claim and file a partition suit to get your share in the property
Your deceased mother's legal heirs are entitled to succeed to your deceased mother's share out of her deceased father's property.
You, your siblings and father are entitled to acquire your deceased mother's share in the property.
You may file a partition suit claiming your share and separate possession.
No, you will not get any share.
Your mother during her lifetime could have claimed the share.
You can not claim the share from your mother lineage.
The same could only have been done during her lifetime.
Regards
You your sister and father(if alive) shall equally get from the 1/5 share that is of your mother from the share of the grandfather,
My GrandFather has Self Aquired Property and wrote it on GrandMother name before he expired. My GrandParents having Two Sons and Two Daughters, My Mother is one among the daughters, she expired due to cancer disease. Now my grandmother trying to divide property among the remaining three, like major two parts for sons and small part for my Aunt as she is not having family due to divorce issue running. Now, my grandmother not wiling to give us anything. Do I get part on behalf of my mother. I also have a younger sister. We need money for our marriages.
Asked 7 years ago
Through what mode property given to grand mother ? WILL, GIFT ? if yes than grand mother is absolute owner and can give it to any.
If your grandfather had transferred his property to your grandmother's name by a registered deed, then the property becomes your grandmother's own and absolute property.
In that situation you may not be able to claim your mother's share in the property because your mother nor anyone actually have any rights in the property at least not during the lifetime of your grandmother.
Hence confirm if the transfer was made by a registered deed or by an unregistered deed.
If it was by an unregistered deed, then you can file a partition suit claiming your mother's share in the property as her successor in interest and also for separate possession.
You may consult a local advocate by producing the relevant papers before him and proceed as per the suggestions and recommendations made.
If grandfather transferred complete property to grand mother before the death then in that case you don't have any share in property the grand mother can distribute same as per her will.
Did grand father execute registered gift deed in favour of grand mother ?
2) if so grand mother would be absolute owner of property
3) she can gift the property to her 2 sons and one daughter
4) you would not have share inthe property
If property is in your grand mother name then she can transfer the said property to any one. You can not claim any share. But it is possible through love and affection.
yes you will get your mothers share being her legal heir if she has not taken it.
Dear Sir,
Yes, you can get the share of your mother. If there is any document in the name of grandmother executed by your grandfather then say that it is a created document. File a suit for partition and you will succeed.
1. Since it was the self acquired property of your grandfather who died intestate it devolved through succession on his widow and all children equally. The share of your grandmother is not greater than 1/5th, hence she can transfer only her 1/5th share.
2. Your mother's share further devolved on her husband and children. Any of the heirs of your mother can file a suit for partition to cull out his/her share in the property. Also seek injunction to restrain your grandmother from alienating the property and creating third party rights during the pendency of the suit.
As told above, your mother had a share and she could have claimed the same during her lifetime,
At this stage you can not claim any share in the property
Yes you will get your mother share, which equally share between you both.
