• Ancestral property

Hi my mother was refused for his shares by my uncle in an ancestral property that is our great grand father property to our grand father after our grand father willed it in our grand mothers name after our grand father died in 2001 our grand mother and our uncle sold this property without my mothers concern not even getting a signature from my mother they had purchased a property in 2003 in thier name(in grand mother name & uncle name) .  Our gand mother died on october 2005 when my mother asked about the share our uncle replied he have a will from our grand mother that property favouring him(uncle) and refused to give the share to my mother is there any chance of getting shares for my mother.
Asked 2 years ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
1) issue legal notice to uncle to claim  share in grandmother property 

2) if uncle refuses to give share file suit for partition to claim share in property 

3) if uncle relies on will your mother can challenge will made by grand mother 

4) also seek injunction restraining uncle from selling property 
Ajay Sethi
Advocate, Mumbai
44473 Answers
2585 Consultations

5.0 on 5.0

1) If the property was indeed ancestral property as described by you your grand mother and uncle could not legitimately sell the property and purchase another property solely in their name.That as the funds used was out of sale from the ancestral property your mother cam make a claim now.

2) The grand mother had no right to make a Will of the ancestral property as she can not dispose of it as per her wishes.

3) Your mother must file a suit for partition in the court.  First of all you will have to challenge the Will as the Will is invalid. Send your uncle a legal notice and if he does not budge, take further legal steps.
S J Mathew
Advocate, Mumbai
2233 Answers
110 Consultations

5.0 on 5.0

First of all if it was an ancestral property, your mother can claim a share in it only after the latest amendment act came into effect.  
In Tamilnadu the amendment came into effect in the year 1989 hence she may be eligible for a share in the0 ancestral property as a coparcener provided that the property in question still remained as ancestral property during the latest amendment  to the Hindu Succession Act in the year 1989.
If the properties remained unpartitioned right from the purchase by three generations before her and has fallen into her generation as undivided all along, then she may be considered as a coparcener in the ancestral property after the year 1989, however she should have not been  married prior to that year.
There are many more details to be ascertained in this regard hence it would be better to consult a local lawyer with all relevant papers for proper advise and further action .
T Kalaiselvan
Advocate, Vellore
34587 Answers
373 Consultations

5.0 on 5.0

The property is not ancestral as it was bequeathed by your grandfather in favour of your grandmother. During her lifetime your grandmother was at liberty to sell her property to anyone without the consent of her children. If your grandmother died intestate in respect of any property then her property devolved through succession equally on all her heirs including your mother, so your mother can file a suit for partition to cull out her share. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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