Yes in this case she will have equal rights if property is not legally Partitioned

preliminary decree must have been passed by court for division of property 

2) in said suit take out application for appointment of commissioner for division of property by metes and bounds so final decree can be passed by court 

3)you would not have equal share in property . order passed by court has not been appealed against and is binding on parties 

your appeal would be barred by limitation 

you cannot seek division based on present law 

- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

- SInce, till date the division of property not executed even after getting the judgment , hence after the amendment in 2005 , that judgment cannot be executed, and now new law will be applied. 

- Further, the period of Limitation of Execution of any Decree/judgement of any Civil Court is 12 years and the time of limitation starts to run from the date when the Judgement/Decree or order becomes enforceable. 

- Hence, the limitation period of execution has already expired . 

- Better to execute an Partition Deed and registered the same under the new law of equal share . 

You are referring to a judgment give by the city civil court in the year 1989, hence your mother shall be entitled to a share in the property as per that judgment alone because her share had been decided by court on approaching the court for relief and remedy.

Hence she cannot claim equal share in the property at this stage.

If she was not given her share in the property as per the judgment then she can file an execution petition to execute the decree and judgment for her share in the property.

Even though the partition has not taken place you may be eligible for a share as per the judgment in this regard passed by a civil court in the year 1989 and not as per the current situation.

Review or appeal after three decades of the judgment may not be entertained or maintainable.

Hence you may better seek your legitimate share  that was due for your deceased mother instead of wasting more time on unnecessary things.

Yes you can proceed with the same

Even the order passed in 1989 is not legally correct. On intestate succession, mother, brother and two sisters etc will inherit equal share. And her share will inherit in her children and husband.

death certificate will require. It must be available at municipal office Varanasi.

Previous order will challenge as void.

Review/appeal is time barred.

But no such law after 1956 that brother is entitle to 50%

Dear Sir,

Yes, you can file partition suit in Civil Court and get equal share. Yes, you have to take family genealogy tree and other documents are necessary to file a case.

You have to obtain certified copies of the documents pertaining to property along with encumbrance on property certificate and Market Value Certificate from concerned Sub Registrar. Death Certificate of your grandfather parents and your mother will be required which you can get from concerned municipal authorities.

After the death of your  grand father it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

1. Father.
2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

First, you file legal heirs certificate and mentioned all properties numbers on it than get all your names inherited on the property papers. Than you can go for partition suit if your maternal uncle is not giving share to you.

Or all sisters legal heirs come together and file partition suit, against maternal uncle's legal heirs.

Follow the Hindu Succession Act and how to inherit ancestral property.

the appeal against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order appealed against. 

You should file partition suit against all the legal heirs and their legal representative if legal heirs are not alive.