• Equal partition right possible or not

Hello Sir,

This is regarding my mother's right in her father's family property (House).

I have below questions:

1. Is she eligible to get her partition equally as her brother is eligible?
2. How much partition right a woman is having on her father's property?
3. How to proceed and with whom to contact for initiating strong step towards her right?
Asked 3 years ago in Property Law from Bangalore, Karnataka
is there any will of father of your mother if not then the property will be shared equally among legal heirs ,anf if there is a will and the property is not self acquired then also your share to that ancestral property stands
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Presuming that it is your Grand father's self acquired property and has died intestate(without leaving a WILL), then the property would devolve equally among your grand mother(if she is alive), her children(both daughters & sons).  However if your grand gather has executed a WILL, then the property would devolve in the way he has suggested in the WILL. Whether it is a man or a woman he or she will get equal share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1276 Answers
64 Consultations
5.0 on 5.0
If the property was purchased by your maternal grand father out of his own sources of income then it qualifies in law as his self purchased property which he could have dealt with in a desirous manner during his life time by making a will, gift, etc. If he died without making a will then his widow and all children have succeeded equally to the property. As a legal heir your mother has a share equal to her siblings in the property. She may file a case for partition to cull out her said share.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1) you have not mentioned whether it is self acquired or ancestral property . 

2) you have not mentioned whether your grand father left a will or died intestate . 

3) you have not mentioned whether grand mother predeceased your grand father .

4) assuming it was self acquired property of your grand father and your grand mother predeceased your grand father your mother would have 50%share in said property . 

5) she should file suit for partition to claim her share
Ajay Sethi
Advocate, Mumbai
25940 Answers
1413 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
16311 Answers
152 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
25940 Answers
1413 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6409 Answers
71 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
62 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1276 Answers
64 Consultations
5.0 on 5.0