• 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 2 months ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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12 Answers

Yes you can do partition. If all agree then through partition deed and if not then filing partition suit 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by your relatives 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Property of a mother devolves upon her children.

you can file suit for partition 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

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!

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

You can file a partition suit by metes and bounds as you are the class 1 legal heir of your mother.

 

 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

Yes, you're eligible for the property share in the maternal ancestral property.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Dear client I am sorry to hear that comma in this case you can ask for the property.

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

- 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 . 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

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