• Can I claim my mother's Share after her death from her brothers (4) (acentral property )

My mother's father died in 2012 . My mother is now alive. I am a grand son of my mother's father. Can I claim my mother's share AFTER MY MOTHER'S DEATH. She did not claimed her share from her brothers (4). This is an acentral property.
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

If she has not claimed her share you can claim it from them

Prashant Nayak
Advocate, Mumbai
34707 Answers
249 Consultations

on mother demise her share would devolve you and your siblings 

 

2) you can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
100031 Answers
8167 Consultations

You can claim your mother's share in the ancestral property. Your mother can also claim her share and even go for partition.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

If in life mother doesn't claim and also does not relinquish her share in the proeprty, you can claim same after demise of mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Mother have 1/5th share which on her death devolved in you and your father. Can claim by filling partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

yes

you can claim through your mother

 

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

grandson don't have any birthright to claim on grand Fathers/mother's  property, legally. It just can be shared by his/her father when property is being transferred to them by his/her grandfather. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

If your mother did not claim her share in the property you may look into the reason for this act of your mother.

You may ascertain if she had relinquished her rights in the property by executing a registered release deed.

If not, then you may have to wait till your mother's lifetime after which you may file a suit for partition seeking your mother's share and separate possession of the same.

This is not an ancestral property.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

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