• Agriculture Land Division

Dear Sir/Madam,

My Father & Father's brother both are living in one family from past 50 years and till date same is continuing and my Father's brother don't have any children's and he died 12 years back and now his wife staying with us.

My father & his brother purchased some agriculture land in both the names in Joint Patta and also
We have some My Grandfather's lands .(Properties available in Hosur, Tamil Nadu)

My father having two wives and 1 st wife died before 40 to 45 years back after he got married my mother.

1) 1st wife having 3 childrens (1 Son & 2 Daughters) ( A , B & C)

2) 2nd wife having 4 childrens (3 Sons & 1 Daughter ( D , E, F & G)

And 1st wife Second daughter(C) also died around 5 to 10 years back .

We have divided our property in the year 2008 with mutual agreement of all family members Except - B ( 1st wife 2 daughter)

Now the issue is
 - B 's (1st wife 2 daughter's) 'Daughter asking for his mother portion in property and sent a legal notices to us last week but his mother already died before 5-10 years back.

pls suggest she have any right to claim his mother portion and what we have to do now.

Pls help.

Regards
Venkatesulu
Asked 13 days ago in Property Law from Hosur, Tamil Nadu
Religion: Hindu

If she is  a legal heir of her mother alone then she has right to claim the property

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

1. Since you have conducted Partition proceedings, "B" is entitled to her share ratio that would go to her mother. This means that 1st wife's share shall be equally divided between her children or their legal heirs.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

She is entitled to her father's and ancestral property.  How your father's share devolved on you and others? 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1519 Answers
8 Consultations

4.9 on 5.0

Biological mother had died 45 years back 

 

division of property was done after her demise 

 

3) children of first wife , second wife their children have equal share in property 

 

4) daughter would not have any further share in property 

 

5) engage a lawyer and reply to legal notice 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Dear Client,

If there is no will of the mother of them, them may claim her share. 

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

Here you have not mentioned your mother's death date only partition date is mentioned. There share will be limited if you divide property as per the Indian Succession Act.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

See since property is in name of father and uncle so in case of father he is sole owner and for second brother wife is legal owner so in case they have settled property as per there wish then daughters cannot challange same.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

if property is self acquired by your father and he settled as per his wish then daughter would not have any share in property. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

Yes she have legal right to claim the share of her mother from property of your father and grandfather.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

But her mother had no share in the property if your father is still alive and in life time of father, settlement has been done.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Grand daughter has no claim in self acquired property.   Inter caste marriage dose not effect inheritance right. Father can execute WILL duly attested, declaration has no value.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

On B death her share would devolve onher husband , daughter and her siblings 

 

father can bequeath his share in property by will to whom soever he pleases 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

The property which is self acquired by your father by his own money then he can distribute the property as per his wishes. And he don't need consent of any children for that. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

See they cannot claim property from your father's share or that are solely in name of the father. Further in case she is legal heir and she is entitled of the property after demise of her mother. 

 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

If the same is self acquired property of father and he refuses to give her in will them she can't claim her later

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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