On grandma demise your mother share would devolve on you and your siblings
you can file suit for partition for division of property by metes and bounds
seek injunction restraining sale of property by your uncles and aunts
My mom died in the year 2006. My brother and I are living with my father, My maternal grandparents were living with us most of the time. The have three children including my mom. They had sold one ancestral property and gave my mom's share to me and my brother. They both died in April and May 2020 respectively. They have few ancestral properties and they have no will as such. There are other ancestral properties and a Bank account in my grandma's name without any nominee. My mother's siblings are refusing to give us any share. Do I and my brother have rights to claim them legally.
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On grandma demise your mother share would devolve on you and your siblings
you can file suit for partition for division of property by metes and bounds
seek injunction restraining sale of property by your uncles and aunts
Yes. Your mother would have 1/3rd share which will inherit in her children.
File partition suit and Send legal notice first.
Dear Sir/Madam,
Being legal heirs of your mother, you may very well ask the share in the property, bank balance etc. and for this you are required to submit application to bank and registrar office to prevent the payment/sale of property without your information. Also, file the suit of partition and injunction against the siblings of the mother.
In case of your mother's side there is no concept of ancestral property. Only father side property is considered as ancestral. Still you will receive share of mothers property as per her share in the family property
- If your maternal grandparents has died without leaving any WILL in favour of anybody then her property would be devolved upon your mother and other legal heirs.
- Further if entire property was shared amongst the legal heirs of your maternal grandparents , then out of mothers share you cannot claim any right .
- Since , there is other ancestral properties and bank account left by your grandma without any nominee , then after the death of your mother , her share will be distributed amongst your father if alive , and you and your brother .
- If mothers siblings are refusing to give equal share , then send a legal notice to them for a partition of the entire assets/property left by your grandmaa.
- If no response, then file a partition suit before the court.
No, you have already received it from your maternal grandparents as per the facts you have already mentioned it in your case. No chance.
Only the bank account is in my maternal grandma's name . Rest of the properties are ancestral properties of my maternal grandfather
Money lying in bank accounts would devolve on legal heirs
your mother share would devolve on you and your siblings
- In ancestral property of your maternal grand father also after the death of your mother , you can claim an equal share .
The property from your mother side will not be considered as ancestral still you will have share. Only property from fathers side is ancestral
Maternal grandmother's property do not come under ancestral category of property.
However if your grandparents have left behind movable and immovable assets upon their intestate death, the legal heirs of your deceased mother are entitled to inherit her share in those properties.
You collect the details of your grandparents all the properties that were left behind by them upon their intestate death.
After that you can issue a legal notice to the siblings of your deceased mother claiming your deceased mother's share in it in the capacity of her legal heir.
If they do not respond or do not comply with the demands made you may file a partition suit claiming your mother's share in the properties left behind by your grandparents.
Your mother is entitled for her legitimate share out of her parents' properties as a right.
You don't keep saying that it is your mother's ancestral properties, because your mother may not be entitled to any share in the ancestral property since she is a married woman at the time of the latest amendment to law conferring the rights on the daughters at par with the sons was enacted in the year 2005, moreover her father should have been alive as on that date,
You may better collect the relevant documents of the properties and discuss with a local advocate for the legal steps to be taken in furtherance in this regard.
Your grandparents had given you your mother's share from only 1 property. The rest of the property has still to be divided amongst all the legal heirs. Therefore they cannot deny that.
Yes they would all be divided as per tge Hindu succession act..
You are legally entitled to receive share of your deceased mother from the Ancestral property of your maternal grandparents.
If not then challenge it before the Court of Law and object the distribution. You would succeed.
1. If your maternal grandparents have died intestate then their properties have devolved on all their children equally.
2. Since your mother predeceased your maternal grandparents the share of your mother has further devolved on her husband and all children equally.
3. You, your brother or your father can file a suit for partition to cull out your 1/3rd share each in the share of your mother.
You have to file a partition suit in this regard to get the share in the property you have all the right to go for filing a suit to get the property as your mother have share in the ancestral property along with other coparceners even if she is expired you have right to get the title as a legal heirs to your mother
On demise of Hindu female "Intestate" her husband and children will succeed to properties left by her.
You, your brother and father are entitled to share of your mother.
Issue notice to your mother's siblings demanding partition of properties left by your grand mother and seek your mother's share.
If they refuse, file suit for partition of properties and demand share of your mother i.e., 1/3 share.
Further, you also file an application seeking injunction against siblings of your mother restraining them from alienating / creating third party interest in the properties till disposal of suit.
All the legal heirs are entitled to equal share in the money lying in the bank account, as such, you are entitled to your mother's share i.e., 1/3 share.
Yes you can claim under the following section of law and also see the proforma of filing suit.
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Section 15 in The Hindu Succession Act, 1956
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
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PROFORMA
PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.
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APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908
For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.
Plaintiff
Through
Advocate
Dear Querist
As per Hindu Succession Act-1956, Your mother was the Shareholder in the property of your maternal Grand Parents, as she is no more, her legal heirs mean you and your brother shall be the rightful owner of her share as per Hindu Succession Act-1956 and nobody can restrain you and your brother to get it. if the other Siblings of your mother are not ready then you should file a civil suit for partition along with injunction and also file an application under Order XXXIX Rule 1 & 2 of CPC before the Civil Court of the Jurisdiction.
Feel Free to Call
if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property.
you can file partition suit in jurisdictional court of law.