Partition deed executed without Daughters
Hello, My Grandfather (mother's father) had ancestral property and partition deed was executed between my two uncles and grandfather in 1997 - Total property of 15 acres of agricultural land was divided into three parts among them. Grandfather had two daughters (my mother + 1) and two sons (2 uncles).As we are based in Tamilnadu, and at time of Hindu succession act amendment 1989, one of the daughters (My mother's sister) is unmarried.
Now my Grandfather is no more (died on 2008) and property belonging to my grandfather is in possession of my uncles (last partition deed executed on 1997 and no further changes).
1. How do I claim the possession of my mother's property/share ?
2. What is my mother's share , given partition deed was executed without consent of daughters in 1997?
3. Is it legally valid to make partition deed null and void ?
Asked 4 years ago in Property Law
Religion: Hindu
@ T Kalaiselvan Sir, Can you please clarify why I don't have any rights in my mother's share ? My mother is no more (died on 2006)
Your replies :
1. // You do not have any rights over your mother's share in the property.
2. //Your mother, if living can file a partition suit claiming her legitimate share in the property that was lying on her father's name at the time of his death.
So, I can't claim my Mother's share given my mother is no more (2006) and there is property lying on my grandfather's name ?
Actually, I am trying to see if I can get my Mother's sister's share from my uncles as she is struggling to make both ends meet and my uncles failed to look after her. What are the legal options available for my Mother's sister , given partition deed was executed without her consent and Tamilnadu Govt amended the hindu succession act in 1989, making unmarried daughters coparceners . My Mother's sister got married (1996) when partition deed was executed in 1997.
Asked 4 years ago