• Partition property

My mother's father and his brothers inherited a piece of property all of them are deceased, i.e. my mother's father and brothers without leaving a will. Let us call it property 'A'.  Secondly my mother's father has also built a house and died without making a will. This is property 'B'. He has 7 daughters (of which one of them is my mother) and 2 sons. How are these properties to be shared and paritioned.  The mom's brothers act as if they own the property. How to go about caliming my mom's share of the property and from whom? Please advise.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
as far as mother father self acquired property is concerned if he died intestate and mother is also dead each son and daughter has 1/9th share . issue legal notice and file suit for partition .

 similarly as far as ancestral property is concerned namely property A  all legal heirs have share in said property . you can file suit for partition for said share
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. As regards property 'B' it belongs equally to your mother and all her siblings. Your mother may serve a lawyer's notice upon her siblings and then follow it up by filing a case for property division in the court. She will be able to cull out her indefeasible share in the property.

2. Similarly as regards property 'A' it belongs equally to all the shareholders including your mother. She can thus cull out her share in the manner as enumerated at (1).
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
ur mom has right over the property so she can issue legal notice and claim her share
Anil Kumar
Advocate, Bangalore
35 Answers
6 Consultations
3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0