• Property case

Dear sir my wife she has mother and she is the only daughter of his parentsproperty of 12 acre agriculture land , my wife mother has passed away due and my wife grand father and grand mother is live and my wife grand father has 4 brother total 48 acre agriculture land and they are not dividing the property, his grand father his also playing the game and not ready to transfer the property, so how should my wife has to move to get the property
Asked 9 days ago in Property Law from Hubbali, Karnataka
Religion: Hindu

As per the amendment in Hindu succession Act 2005 your wife will have equal rights in the property. she can file partition suit for the same if denied share. 

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

Your wife should file suit for partition division of property by metes and bounds 

 

seek an injunction restraining sale of property by relatives 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

If grand father has already filed suit for division of property wait for court orders in partition suit 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

File a succession Certificate petition for your wife.

That file the partition suit.

First get the succession Certificate 

Rahul Jatain
Advocate, Rohtak
2412 Answers
4 Consultations

4.9 on 5.0

Hello Sir, I have read your query and here is what I opine. Firstly it has to be seen that when did your wife's mother expired? If she expired post 2005 then her rights were there in the property but if death was before 2005 then there was no right of your wife's mother so your wife would also get no share. But if your wife's mother died after 2005 then your wife has the right to claim the share from your wife's mother property. It is to state that you wife can only claim the share from her mother's property. One more important thing to note is that has the right of your wife accrued and in which class is she in. You wife has to file a partition suit to claim her share of the property of the value of like amount. 

The partition suit should be initiated in a court of law and she has all the right to claim the share of the property from her mother's share provided that her mother must have died in or after 2005. 

 

You can follow up further query. Please do not forget to rate my answer and provide with a valuable feedback. Your ratings are important for me to grow. 

 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court

Mob: [deleted]

Varun Talwar
Advocate, Sonipat
27 Answers

Not rated

Property owned by whome ? If grand parents than she have no right . If property owned by your wife parent than she have share including her grand mother.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

You need to expedite the case in lower court

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

Go for succession Certificate first

Rahul Jatain
Advocate, Rohtak
2412 Answers
4 Consultations

4.9 on 5.0

- It is looking that the said agriculture land is an ancestral land , which is in the possession of your wife's grand parents.

- Hence , after the death of her mother , you wife has right to claim as well being the lone legal heir of her mother.

- The solution is only a Partition Suit after sending a legal notice for the division of the property. 

- Since, her grandfather has already filed a suit for partition , hence it is definite that she will get her share legally , whether other relatives are interested or not. 

-  Further , if grandfather has already filed his suit , then being the legal heirs , your wife should be a party in the said suit . 

- If she already a party of that suit , then she can move an application for expedite the case on urgent basis. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

If the property belonged to your wife's grandfather then your wife cannot claim any rights in it at least not during the lifetime of her grandfather.

Her deceased mother is not entitled to any share in her father's property since he is alive and it is his own share of proeprty.

Since it is not ancestral property, your wife's other also cannot claim any share out of her father's share in the property as a right at least not during her father's lifetime.

Therefore your wife may not be entitled to any share in that property.

No legal remedy is available for your wife to acquire or inherit the property at least not  during her grandfather's lifetime.

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

Who has filed the case against whom?

Your incomplete details may not fetch you a proper opinion.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

Your wife cannot force her grandfather to transfer the proeprty to her name.

She has no legal rights for asking her grandfather about this.

Hence it is advisable to wait for the time to answer.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

grandchild does not have any birth right in the self- acquired property of grandfather . The grandfather can transfer the property to whoever he desires. 

if property is ancestral then your wife can file a partition suit before the appropriate court and can claim her share. 

 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

if her grand father filed, she has to wait for court orders in said partition suit . 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

file a Revision Petition under article 227 of the Indian Constitution in High Court for an expedite order for speedy disposal of the suit, which is pending before the lower court. 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

If it is your grand father self acquired property then during his lifetime grand daughter has no share in property and cannot file suit for partition 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

1. If the property is owned by the grandparents of your wife, and they are alive, then during their lifetime none of their heirs has any share in the property. They are free to divide or alienate the property in the manner they desire.

2. Even your wife's mother had no share in the property of her father (your wife's grandfather) during his lifetime.

3. Your wife has no cause of action to claim a share in the property of her grandfather.

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

Hi,it is advisable to file a civil suit for declaration and partition in court in order to claim possession over your share in the property 

Hemant Chaudhary
Advocate, Gurgaon
4461 Answers
34 Consultations

4.9 on 5.0

1. IF the Title-Owners of Property are alive, THEN legal heirs are legally not entitled to claim any such property.

2. Such property can be claimed ONLY AFTER death of property owners, that too if they have not made any WILL document.

Hemant Agarwal
Advocate, Mumbai
4338 Answers
23 Consultations

5.0 on 5.0

Ask you wife to file partition deed om her name and first take a possession of the land so later thee should not be any trouble. Try to do agricultural work or farming work on your won in the 12 acres ... insert her name as kabzedar or current karta of land  ... or current crop cultivator on the agricultural papers. So later on your can have much stronger hold on the land and land papers as well.

Ganesh Kadam
Advocate, Pune
9680 Answers
80 Consultations

4.9 on 5.0

If the 12 acre land is in the name of your wife parents and the land is joint with grandparents, she can get  the land by filing partition application. If the land is separate and already partitioned,she can file a suit for possession. If, the land is in the name of grandparents and is their self acquired property, then, your wife has no claim.If the land is ancestral, she can file an application for partition to get her share.

Rajinder Goyal
Advocate, Chandigarh
67 Answers

5.0 on 5.0

Dear Sir,

You wife is required to contest and participate in the case as the interested party. 

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

Your wife can file suit for partition of the property asking for share of her mother.

She has to move one more application seeking the direction of court against grand father from alienating / changing nature of property and restraining him creating third party interest in the property.

Response to your second post:

Since the grant father has already filed suit for partition, it is advisable to wait and watch the proceedings of the said case and on getting the orders, next steps can be taken.

 

S Srinivasa Prasad
Advocate, Hyderabad
1901 Answers
7 Consultations

5.0 on 5.0

Reply to your third post:

There  are two scenarios:

1) She can file an application to join (impleade) in the  case pending case filed by grand  father  (if her mother is entitled share in same) and contest for share from it.

2) If the property which she is contesting through her mother, is self acquired property of her Grand Father, she is not entitled for a share, as he can deal with it as he likes.

 

S Srinivasa Prasad
Advocate, Hyderabad
1901 Answers
7 Consultations

5.0 on 5.0

1. The property stands in the name of your wife's grandparents and not in the name of their only daughter being the mother, since deceased of your wife.

 

2. Only after the demise of her grandparents, intestate, your wife can claim all the properties of her grandparents being the only daughter of her mother who is also the only daughter of her grandparents.

 

3. If her grandparents writes a will bequeathing all their properties to third parties, then your  wife will not b able to get any thing unless the said will is challenged by her and get declared as invalid by her.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1. If the properties belong to her grandparents then why did her grandfather filed a case for dividing the property?

 

2. He is supposed to register a gift deed or will in connection with the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1. It now appears that her grandfather has properties jpintly owned by his brothers also for which he has filed partition suit.

 

2. the grand father of your wife can register a gift deed donating the undivided and undemarcated share of his jointly held properties to your wife and thereafter your wife can substitute her name as petitioner  in the said partition suit filed by her grand father.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1. Your wife should file partition suit against her grandfather for claiming her share from the joint property.

2. If property is on name of her mother than grand father cannot stop her from claiming her share. 

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

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