• Can a widowed daughter demand her father and mother land

My grandfather has 4 daughters and 2 sons, and he expired(2015),my mother as widowed and first daughter of her parents .
Can she file property partition suite on her ancestral and parents properties ? 
My Grandpa was having source of income to purchase land , but my grandma neither have source of income nor gift , but she owns properties. so can we file suite on my grandma properties also? as she own the properties using an income of my grandpa. 
we don't know what and all the properties are under the name of my grandpa and grandma do we need such information to file suite ,if needed how to get all those property related information.

My grandma gave one of her property to her elder son can we send notice on that since my mother is widow,
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

Your mother being a legal heir to her deceased father, can claim her share in his properties as a right.

If the other co-sharers are refusing or not willing to give her share to her, she may file a partition suit agaisnt them and seek separate possession of her share.

Your mother cannot claim a share in your grandmother's own property as a right during her lifetime.

Your mother cannot interfere in your grandmother's activity of transferring her property to anyone of her choice.

Neither you or your mother can send any notice in this regard also it will not be maintainable.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1. If you grand father has died without any Will then your mother can file suit for partition to claim her 1/6th share in his proeprty.

2. The same rule applies to the property of her mother also.

3. If you do not full particulars of the property then also such suit can be filed if you can at let identify the property.

4. If your grandma is owner of ay property she can give it to anyone she chooses.

5. if you do not have full particulars of the proeprty then you will have t get such information from the local Revenue authority office or registration office.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) mother can file partition for ancestral and self acquired properties of her deceased father

2) mother can also file suit claiming share in properties standing in grand mother name

3) you can take search in sub registrar office in the city where properties are situated and obtain copies of sale deed for purchase of the properties by grand father / grand mother

4) your mnother can file suit to set aside gift deed made by grand mother in favour of your uncle

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. Your mother has the equal right to inherit her grandfather's and father;s properties alongwith all her siblings and mother.

2. She cal also file a declaratory suit praying for a declaration that the properties standing in the name of her mother is actually her father's properties on which she has equal right with her other siblings and mother.

3. She shall have to collect the basic information of all the properties of her parents like Dag No., holding No. etc and then conduct search from the registrar's office to know in whose name the saidproperties stand for filing the partition and declaratory suits.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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