Equal partition right possible or not
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 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
Advocate, New Delhi
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.
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.
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