• Does granddaughter have right on grandfather's property?

Respected sir/ mam,
                                I am asking this doubt on behalf of my mom. My mom has two brothers. My mom's grandfather deceased and left his self acquired property (house) without any will.  Still the property is in the name of my mom's grandfather. The property value around 25 lakhs.Her father also deceased without transferring property & writing will.
                                 . Her both brother's are saying,my mom has no right in that property. only grandson's has right on the grandfather's property.Now, one of my mom's brother taking that property by paying some amount to other brother.
                                They are saying my mom sign is not required in the documents so there is no need to give any amount to my mom.But they took my parents Aadhaar copies. We asked about that, for what reason they took. But they didn't reply us clearly. Now both are decided to give only 50000/-  to my mom.

Q: Is mom has right in that property? If she has, than how much she can claim right now under which section?


   Kindly help me, in what way I can initiate steps to get my mom's share if applicable
Asked 1 year ago in Property Law from vijayawada, Andhra Pradesh
Religion: Hindu
1) on demise of your grand father your father and his siblings were the legal heirs 

2) your father share will devolve on your mother and her 2 brothers . 

3) they may try   to forge your mother signature to transfer property in their name 

4) your mother should immediately issue legal notice for partition of the house and file suit to claim her share in case they fail to give your mother a share 

5) your mother should refuse to accept only Rs 50,000 if her 1/3rd share is of more value
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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Hello,

1) Your mother has an equal right along with your two uncles.Each of them have 1/3rd right in the property and therefore value of the property has to be divided in three equal shares.

2) Your mother's signature is required for any transfer of any kind.Once the mother gets paid her rightful share she can relinquish her right by getting a relinquishment deed registered.

3) She can claim under provisions of  Hindu Succession Act.

4) Your mother must get a legal notice sent to the brothers demanding partition of the property to initiate legal steps.Engage a local lawyer to assist you. 
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, as per law your mom has also right over the property she has 1/3rd share in the property. 

2. Without your moms consent they can't transfer the property to anybody.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. After the demise of your mom's grandfather his property was succeeded to by his children and widow.

2. After the demise of your mom's father the latter's share went to his widow and children equally. So your mother has an equal share in the property inherited by her father from her grandfather.

3. Your mother can cull out her share by filing for partition in the court. She can also seek a stay from the court to prevent the alienation of the property and creation of third party rights.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1. Your mother is entitled to 1/3rd share of her father's property,

2. She should file a partition suit alongwith an application praying for an injunction upon her brothers restraining them from dealing with the said propertry till the partition suit is disposed of,

3. Act as advised immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1 Your mother has got right in that property.
2.Assuming that there are no other legal heirs apart from your mother & her brothers, your mother is entitled to get 1/3rd share in the property.
3.To assess the correct situation, one has to know whether your mother's grand father had any other child/children, apart from your mother's father.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
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A. How many children to your mother's grandfather?

B. When a male hindu dies without execution of any will that property would be distributed all the class I legal heirs i.,  children, wife and mother equally.

C. In the absence of any children that only granddaughter and grandson will have share equally. In your case, your mother has equal right over the same. Hence, your mother can challenge the transaction by filing a partition suit and  submit an application under order 39 rule 1 and 2 of Cpc to not to alienate the property till disposal of the Suit.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Your mom's grandfather's property fell into the hands of her father being a legal heir to his father.  Her father is reported to have died intestate.
The intestate property of your mom's father will devolve equally upon all his legal heirs, i.e., his wife, children and mother.  If your mom's mom and grandmother are not alive, the property will devolve  among her brothers and herself in equal proportion, i.e., 1/3rd share each.  
Your maternal uncles cannot deny her rights or sahre in the property, if they do not agree for mutual and amicable settlement, your mom can approach civil court with a suit for partition and separate possession of her share in the property for relief and remedy.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
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