• Can I claim my mother's share from her brothers after her death?

My mother is alive. her father was died in 2012. her 4 brothers taken (devided ) acentral property in 2015, 7 acars each out of 28 acars. 8 acars sold. 20 acars not sold. they got pass books. my mother not signed anywhere. my question is can i get my mother's share after her death ??? it is an acentral property. 20 acars not sold ; 8 acars sold. (her father given only 1 acar when she got married in 1970. thank you.
Asked 1 month ago in Property Law from Hyderabad, Telangana
Religion: Hindu

On mother demise her share in property would devolve on you and your siblings 

 

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

 

3) seek injunction restraining sale of property by your uncles 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

If your grandfather is reported to have died intestate then she can claim her legitimate share in the properties left behind by her deceased father  as a right even now.

You dont hav to wait for your mother's demise to claim her rightful share in the proeprty.

You can arrange to file a partition suit by your mother through a local lawyer  immediately so that in the event of her unfortunate death, he children can conduct the case further as legal representatives.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Son and daughters of the deceased mother is a legal heir. 

On demise of your mother all legal heirs get equal share in said property. 

You can file partition suit at jurisdictional civil court and claim share. 

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Property which has remained undivided for four generations is ancestral property 

 

your mother has share in ancestral property 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

Partition suit takes 15 years to be disposed of 

 

your mother should issue legal notice to her siblings to claim share in ancestral property 

 

if if they refuse file suit for partition 

Ajay Sethi
Advocate, Mumbai
61330 Answers
3722 Consultations

5.0 on 5.0

Your mother have 1/5th share in total land. Even she can file partition and cancellation sale.

After her demise you can claim her share. At present mother can demand not you. Partition suits take time but sure relief.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

Your mother can claim her share during her lifetime, if that is not possible then her legal heirs can file a partition suit claiming her share in the property 

The partition suit may run for more than five years.

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Your mother has right on same and if she doesn't relinquish it in her life then you can claim same after her demise her share that is 1/5 in the property.

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

See if mother file suit it will take some time like years to settle as the civil court are slow but yes you will get your share from the land and for the already sold property a cancellation can be filed as same was done without your mothers consent .

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

Yes you can get the share in the said ancestral property

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

1. You certainly can claim your share in the property,

do you have other siblings?

2. you can file suit claiming your share after the sad demise of your mother, along with an application for stay on sale of the property.

 

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

1. if its an ancestral property then if your mother's father was living in 2005, then your mother becomes a coparcenor and is entitled to a share in the ancestral property

2. as the share which the mother would have got had she been alive, will go to her legal heirs on her death, you being the son can claim your share in your mother's share

Yusuf Rampurawala
Advocate, Mumbai
3883 Answers
16 Consultations

5.0 on 5.0

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