All children entitle to 1/6th share. And if all six are alive than their children have no say. You can file case on behalf of your mother - partition suit.
My grandma expired.she had six children.Of these six children three are males and three are females. one of the male heir trying to dispose the property and saying that female heirs are not entitled for any share in grandma property.Kindly clarify whether my mother and her children are not eligible for shares in my grandma property.We are Hindu family residing at Tamilnadu.
Whether I can take up the case legally through courts for legitimate share to all legal heirs.
All children entitle to 1/6th share. And if all six are alive than their children have no say. You can file case on behalf of your mother - partition suit.
On grand mother dearth all children have equal share in property
2) grand children have no share in property
3) your mother should file partition suit for division of property by metes and bounds
3) seek injunction restraining sale of property by your uncle
1. All the children of your grandmother including her daughter are eligible to equally inherit her properties.
2. After the demise of your mother, all her children will equally inherit her share of her deceased mother's properties.
1. Your mother shall have to file a partition suit claiming her share of her deceased mother's properties.
2, During the lifetime of your mother, her children will have no claim on her said share of her deceased mother's properties.
As per the succession act, your mother have equal right to get the share. Immediatly file a partition suit along with interim injunction petition. Definitely you will get interim stay.Female children have equal right like the male child. So, don't waste the time approach the as early as possible.
After your grandmother's death, all her children shall have an equal share of her estate, including her daughters. All the legal heirs have to file a partition suit at the proper court and pray for an order restraining one of your uncles from dealing with the property in any manner prejudicial to the interests of others.
See all 6 legal heirs have equal share in the property, your mother has share and she can file for partition in life of mother childrens have no right.
Dear Client
your Mother and her Sisters are eligible to get the share from your Grand Mother Property as per Hindu Succession act all the legal heirs of deceased who dies intestate will be entitled to get equal share from his/her property whether male or female and if that male member is not willing to give you the share or selling the property without consent of your mother.
Then You can file a partition suit in civil court for partition of property equally to all the legal heirs of your grand Mother.
It is an ancestral property and all the legal heirs and their children's are entitled to their shares. Did your grandmother executed WILL or any other deed in favour of others?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Females have right to property if it has been inherited to your father or to your mother so no way they are doing wrong and raise objection to this with all the concerned departments such as registrar/SDM office and also file a caveat in the Civil Court if they seek permission of the court then court should not pass order without hearing you.
1. On the intestate demise of a Hindu female her property devolves on all her children, male or female. The share of daughters is at par with that of sons in the self acquired/separate property of mother.
2. In the given scenario, any of the other five heirs can file a suit for partition to cull out his/her share in the property and also seek injunction to restrain the alienation of property during the pendency of the partition suit.
Your mother and her female siblings are very much entitled to their legitimate share in their mother's properties as a right provided their mother is reported to have died intestate and it was her own and absolute property.