1) your mother has to file suit for partition to claim her one fourth share in property
2) once partition was made by grand father with his brothers it ceases to be ancestral property
3) on grand father demise your mother has equal share in property
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 6 years ago in Property Law
Religion: Hindu
13 Answers
Send out a notice claiming equal share.
All are entitled to equal share.
It is valid for all practical purposes.
The law is divergent on this aspect and has to be rightly applied.
Regards
G.Rajaganapathy
High Court of Madras
File partition suit. Your mother have 1/4th share in GF share. And if property is ancestral than you mother also have claim in share received by uncles after partition.
Since daughters were not included in partition, deed is void.
1. 2. By filing a Civil Suit before the competent court challenging the partition deed.
3. Yes, this deed is challengable.
1. You do not have any rights over your mother's share in the property.
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.
2. Your mother was not having any right in the property that were partitioned by your grandfather between him and his two sons, because that became his own and absolute proeprty hence he transferred a share in that property to his two sons by a partition deed which is his own decision as per his desire. Hence your mother's consent was not necessary for that partition that had taken place in the year 1997.
3. No, you may not be able to succeed in any such fancy legal cases because no such case is maintainable.
1) Issue notice for partition of property demanding your mother's share.
2) Your mother is entitled to 1/4th share.
3) Since your mother is not party to the Partition Deed, you need not question it.
Failing to respond to the notice, file suit for partition claiming 1/4th Share.
@ 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 6 years ago
you can file suit for partition on mother demise as you along with your siblings would be her legal heirs
your aunt can file suit for partition to claim her share in property
Mother share will inherit in her children. Marriage dose not absolve inheritance right. You and mother sister have to file partition suit.
1. It's your incomplete information that fetched you the opinion accordingly, had you mentioned that your mother is not alive and she's reported to have died intestate then the reply would be that you are entitled for a legitimate share out of your mother's share in the property.
With the information now provided by you, it can be opined that you are entitled to a share out of your mother's share simultaneously your aunt is also entitled to her share in the property as a right.
you can claim. Whatever were the rights of your mother can be claimed by her legal heirs( which includes you also ) after her death. After the death of your grand father if he dies intestate (without executing any WILL) his property would be divided among his legal heirs and your mother is one of the legal heir.
At that time there was no amendment of 2005 in Hindu succession Act and daughters were not having rights in the property. You can claim the same but it's difficult to get know in retrospective manner. Now as per 2005 amendment you are eligible but if that partition is legal then it's difficult
Issue notice to your uncles for partition of the property and allot your mother's share to you.
You can also take your aunt with you and also demand her share.
Thereafter suit for partition can be filed seeking partition and allot respective share to the parties i.e., 1/4th each.
You will get 1/4th share of your mother, in case, if you have siblings it will devolved amount all of you.
1. Your mother have to file partition suit to get her share from property of her father.
2. She can claim to set aside the partition deed but it is barred by limitation so she have should not disclose that partition deed was in her knowledge.
3. If partition deed is set aside then she can claim 1/5 share from total property but if partition deed is considered valid then she can claim 1/4 share from property of father only.
