Share for my mother to her sister's property being unmarried
siva
(Querist) 28 January 2015
This query is : Resolved
Sir,
My grand mother who passed away 10 years back. She had divided her property to her 4 daughter. One is my mother.
Two of my mother's sister got married and one sister didn't married as she is mentally retarded. This unmarried sister passed away last year.
I want to know
1. Whether my mother will get 1/3 rd of her sister's property.
2. Presently one of the sister is using that property and refused to divide that property and asked us to divide it legally.
3 If we file a suit against this will it take time to settle this dispute.
Thanking you
Sivaprasad v
9895141358
Kumar Doab
(Expert) 28 January 2015
The deceased person (sister) is a female (not male). It is believed that she was Hindu.
It is believed that the property was duly registered in the name of Grandmother and she was the sole owner and division of the property of Grandmother was thru properly registered partition/gift deed or WILL………………….
If yes in such case the status of the property should change to self acquired by the deceased sister………
The property of a female Hindu dying without WILL shall be distributed:-
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
Secondly, upon the heirs of the husband ;
Thirdly, upon the mother and father;
Fourthly, upon the heirs of the father; and
Lastly, upon the heirs of the mother .
Thusyour instance is as per fourth i.e. heirs of the father……….. and in such case the spouse/sons/daughters of the Father (of deceased lady-sister of your mother) shall share it equally………
And if only 3 sisters are alive from heirs of the father they shall share it equally…….
Approach a local lawyer to eject the illegal occupant and to divide it ……………………..
Your lawyer can update you on time it can take….
