1) mother is entitled to have share in property
2)she should file suit for partition to claim her one tenth share in property
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3) seek an injunction restraining brothers from selling the property
4) contact a local lawyer
Separate properties of my mother's father
Hi I am Senthil kumar from tamilnadu. My mother's father bought a property of agricultural land in 1952.it was a separate property. In their family, 4 sons and 6 daughters. Out of them 1 male and 4 female were dead. The patta of the land has been changed to in the name of 4 sons. My mother is alive. My questions are 1.whether my mother is eligible to have a share or not? 2 . uncles are having patta, is there any possibility to sell it without females signature?3.how can I stop from selling?4.how can I approach the case to get my mothers share?
Asked 7 years ago in Property Law
Religion: Hindu
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6 Answers
1. If the father of your mother died intestate then all the children of your maternal grandfather have succeeded to his property. The share of your mother is at par with the share of every son, so she can file a suit for partition to cull out her separate share if it is denied to her.
2. If they attempt to sell it without the consent of your mother, which they cannot, your mother can file a suit for injunction to restrain them from doing so.
You have not mentioned that if our grandfather is living or not?
Presuming he is not live now, the properties if was not transferred by any mod by your grandfather during his lifetime and he is reported to have died intestate then the properties left behind him shall devolve equally on all his legal heirs, this will include the legal heirs of the deceased legal heirs too.
Therefore since your mother is one among the ten legal heirs, she is entitled to 1/10th share in the properties that belonged to her decesed father.
She can file a petition suit seeking her 1/10th share in the property and separate possession.
Consult a local advocate and initiate a legal action i.., partition suit accordingly.
Thanks for answering. To file a partition suit and to get injunction order whether legal heir certificate needed ?.my maternal grand father's death details is not available exactly. What is the procedure getting legal heir certificate through court?what are the documents needed for the court?how long it will take to get certificate through court ?
Asked 7 years ago
No it is not required as the death certificate would suffice. You do not require legal heir certificate, what you require is a decree passed by the civil court to partition the property.
The documents needed for the legal heir certificate along with the application are Death certificate of the deceased person,Affidavit. Copy of Ration Card. Copy of Voter ID Card and Copy of R.O.R. (if any stands in the name of the deceased person).
After that an enquiry about the same will conducted and based on the report of the Village Administrative Officer and Revenue Inspector and after due enquiry, this certificate will be issued by the Tahsildar mentioning the names of all legal heirs of the deceased.
For filing a partition suit in the court, there is no need for legal heir ship certificate.
However the death certificate of your grandfather is essential.
Without death certificate of the erstwhile property owner how can you establish his death and subsequent succession.
Instead of legal heir ship certificate you can prepare a notarised family tree certificate and attach it with the plaint of the suit.