• Can I claim my maternal grandparents ancestral property after my mom's death

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.
Asked 5 years ago in Property Law
Religion: Hindu

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26 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes. Your mother would have 1/3rd share which will inherit in her children.

File partition suit and Send legal  notice first.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No, you have already received it from your maternal grandparents as per the facts you have already mentioned it in your case. No chance.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Money lying in bank accounts would devolve on legal heirs 

 

your mother share would devolve on you and your siblings 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Have right in properties and bank account both.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- In ancestral property of your maternal grand father also after the death of your mother , you can claim an equal share . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The property from your mother side will not be considered as ancestral still you will have share. Only property from fathers side is ancestral

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes you can claim.

File a suit for partition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes they would all be divided as per tge Hindu succession act..

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes you can claim under the following section of law and also see the proforma of filing suit. 

=========================================================

Section 15 in The Hindu Succession Act, 1956

  1. 15. General rules of succession in the case of female Hindus.—

(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.

=============================================================

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.

  1. a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th
  2. b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

 

================================================================

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

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if there is no Will, the legal heirs can claim the amount 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir/Madam,

You can claim the share in all the properties of grandfather and grandmother. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Yes you and your brother can legally claim share from ancestral properties of your maternal grandparents.

2. File partition suit to claim your share from properties of your maternal grandparents.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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