• Suit for partition

Hello,
my grandfather has two wives. my mother is the only daughter through the first wife and my grandfather has 3 children through his second wife.
we have filed a suit for partition against my uncles ( second wife sons). 
my grandfther passed away in the year 2007.
the properties owned by my grandfather is through 
a. self acquired
b.joint family properties
c. ancestral properties
my grandfather has left a will( as claimed by my uncles in the year 1993) in  the will my grandfather has given only two sites to my mother.
 
considering the above properties have been self acquired, joint family and ancestral properties. what share would my mom get these.
thanks,
Anil
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
1) on her father demise your mother would have one fourth share in grandfather self acquired property , ancestral properties etc. you have not mentioned on what basis you say property is ancestral . property which has remained undivided for four generations would be ancestral properties

2) if your grand father had left will then your uncles will have to file for probate to prove will was executed by grand father and attested by 2 witnesses 

3) i presume in partition suit you have sought injunction restraining uncle from selling the property
Ajay Sethi
Advocate, Mumbai
28588 Answers
1551 Consultations

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His self acquired property and his own share in the ancestral property (beyond which he could not make a bequest) shall devolve according to his will. In respect of those properties which are not covered by the will your mom succeeds equally along with other heirs.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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If it is presumed that your grandfather's ot the wives are not alive now, then the entire properties shall devolve equally on all his four legal heirs.

Your mother being one of the legal heirs to your grandfather she will be entitled to 1/4th share in the properties.

She can file a partition suit seeking partition and separate possession of her 1/4th share  the properties left behind by her father who died intestate.

Let her brothers come out with the concept of the so called will prepared  in the year 1993, it becomes their responsibility to prove the genuineness of will by seeking probate of will through a court competent. 

The court will decide accordingly after that.

In fact the court case by your mother will bring your uncles to a negotiation table and some compromise may be arrived at which if your mother agrees, shall be in her favor. 


T Kalaiselvan
Advocate, Vellore
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