• My mother's share in property belonging to her deceased father

Hello Sir,

My mother is separated from my father since last 10 years and had been living in my maternal grandparents' (nanaji) house uptil last year. We shifted to another rented flat last year because it was close to my mother's hospital (for treatment of kidney failure and dialysis). My mother has 3 brothers and they are not ready to divide the property owned by my Nanaji and give her an equal share. My mother has been asking and requesting to them since last 10 years but they have been saying yes first and no later. Basically they are just dragging her and wasting her time. Now my mother needs her share, because we are finding it hard to meet the expenses of her treatment. And I want this matter to be resolved and help my mother, but when I spoke to them today, they said no to me as well. Please advice me as to how I should deal with this situation and what will be the right procedure, because I am sure that they are not going to listen to me until I take some legal action.

Please advice. Thanks!!
- Shruti Ravat
Asked 3 years ago in Property Law from New Delhi, Delhi
1. if the said property has been self acquired by your Nanaji who is still alive, then no body can claim his property during his lifetime,

2. If he is deceased, then your mother has equal share on his property,

3. File a partition suit immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
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engage a local lawyer and file suit for partition . your mother has 1/4th share in the property . 

your mother in case of partition would get about 1/4h share of rents received from tenants of the shops . she would be have 1/4th share in the house and other properties
Ajay Sethi
Advocate, Mumbai
25923 Answers
1412 Consultations
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your mother has a 1/4 right in property hire and advocate and give legal notice and file suit for partition
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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First of all you need to serve with a legal notice through a lawyer and thereafter file a suit for partition and permanent injunction.Please call for any clarification/legal help.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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Yes, filing a suit for partition is appropriate remedy in the given situation.
Devajyoti Barman
Advocate, Kolkata
6402 Answers
71 Consultations
4.9 on 5.0
1. Since your maternal grand father died without making a will of his property all his children have an equal share in all the properties of which he was the owner during his life time. 

2. Your mother has an equal i.e 1/4th share in the properties of her father, which she can cull out by filing a case for partition against her brothers.

3. The rent paid by the tenants has to be equally apportioned between your mother and her brothers. 

4. The tenants who do not pay the rent can be sued by your mother for eviction.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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