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 in Family Law from Bangalore, Karnataka
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
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).
ur mom has right over the property so she can issue legal notice and claim her share