• Property

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.
Asked 6 years ago in Civil Law

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18 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

Suit for partition can be filed as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

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.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3077 Answers
20 Consultations

Yes you can approach court for claiming your share in the said property

Prashant Nayak
Advocate, Mumbai
34647 Answers
249 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

YOur mother can file for partition for equal share of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

all children's have equal share. 

grand children cannot have rights to claim. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

contact local lawyer and file partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

Your mother can file a partition suit in a civil court seeking partition and separate possession of her legitimate share out of her mother's properties.

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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