Yes you can do partition. If all agree then through partition deed and if not then filing partition suit
Maternal grandfather HUF property
My mother was a coparcenor6in HUF property. My mother did not have any sibling and was a single child. My maternal grandfather were three brothers. However, my mother's cousin brother( her chacha's son) refuse to share property. Can we seek partition if mother has not made any will?
Asked 3 years ago in Property Law
Religion: Hindu
12 Answers
We are in doubt if me and my siblings are considered coparcener in mother's ancestral property?
Asked 3 years ago
File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by your relatives
Property of a mother devolves upon her children.
you can file suit for partition
If your mother was a coparcener, you as her legal heirs are entitled to claim her share. Please file a suit for declaration of your title and for division of the property by metes and bounds, at the proper court, in consultation with a competent lawyer. Good luck!
1. Assuming that your mother died intestate (without executing a WILL), then her children would get her share in the property of her maternal grandfather.
2. Send a legal notice to your mother's cousin for her share in the property by way of partition and seperate possession of the property by metes and bounds.
3. If there's no response, file for partition, declaration and seperate possession of the property by metes and bounds in the jurisdictional Court.
4. You and your siblings have to be considered for entitlement to your mother's share in her father's property , as she was a coparcener. For you and your siblings, your maternal grandfather's property will be considered as separate property in your hands, having the characteristic of self acquired property of mother and not ancestral property.
You can file a partition suit by metes and bounds as you are the class 1 legal heir of your mother.
You and your siblings are not the coparceners in the said HUF but you and your siblings have inherited the share of your mother as her legal heirs, so the suit for partition would be maintainable.
Yes, you're eligible for the property share in the maternal ancestral property.
You can file a suit for partition demanding your mother's share out of the HUF property, provided your mother is not living now and if the other coparcaners are not willing for compromise situation.
No, neither you nor your siblings will be considered as coparcaners but you are eligible for a share out of your mother's share in the property, if she's not living.
Dear client I am sorry to hear that comma in this case you can ask for the property.
- As per law, after the demise of your mother intestate , her share in HUF can be claimed by her legal heirs equally.
- Hence, you can seek partition after filing a Partition suit before the Court .
