My mothers right in my maternal grandfathers property

mayuresh (Querist) 13 October 2016 This query is : Resolved
my maternal grandfather have land property which was not distributed but on 7/12 record all brother & sister of my grandmother & herself is entered , total legal heirs was 7 out of which 4 brother & 3 sisters , out of which 3 brothers were dead and their son & daughters entered their name in 7/12 record now their is total 18 name mention in 7/12, out of 18 names 4 is my grandmothers 2 sister and 1 brother & my grandmothers name, but other 14 names are sons & daughters of my grandmothers other 3 brothers who was dead , i want to know my grandmothers right on her fathers property as well as my mothers right on that property, my grandmother was dead, we are belong to Hindu community, in 7/12 their is number 6366 ,5741 what is meaning of this number , kindly answer as early as possible

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Ms.Usha Kapoor (Expert) 13 October 2016
your mother would get equal rights in her mother's property if partition has not opened until now.The 14 children sons and daughters also would get equal rights in your maternal grand fathers property as per their father's share in the joint family property.If you appreciate this reply please click the thank you button on my profile.

P. Venu (Expert) 13 October 2016
Your mother can file a suit for partition. The entries in 7/12 do not necessarily constitute title to property.

Guest (Expert) 13 October 2016
As A Precaution Better approach an Local Good Advocate and your Mother Should Obtain a Stay in the Court that Property should not be sold and Apply for Partition of the Property.Automatically the Other Side would come for a Compromise and Settlement.

Kumar Doab (Expert) 13 October 2016
There seems to be some confusion.

"my maternal grandfather have land property which was not distributed but on 7/12 record all brother & sister of my grandmother & herself is entered..."

How come the brother & sister of your grandmother are appearing there?

Generically speaking:In case of Hindu female:

The property from mothers side is not ancestral.

The estate; self acquired/earned/absolute; devolves upon husband, sons,daughters.

Daughters' share in father's property may depend upon certain factors.

Is this land agricultural/Non agricultural?

It is in which state?

It is ancestral or self acquired?

Date/month/year of death of father and daughter?

Was daughter unmarried/married?

Rajendra K Goyal (Expert) 13 October 2016
Facts not clear.

Broadly, in the given facts children of your grandmother (Dadi - Grand mother paternal side) have equal share after her if expires intestate. Your father has share in the property of his mother, your mother has no share till your father is alive in this property.

If the property belong to your Nani (Grandmother - maternal side) your mother has equal share along with other legal heirs after your Nani if expired intestate.

If your mother has share in the property, she can file suit for partition.

Ms.Usha Kapoor (Expert) 14 October 2016
Your mother would get equal rights in her mother's property if partition has not opened until now.The 14 children sons and daughters also would get equal rights in your maternal grand fathers property as per their mother's share in the joint family property.If you appreciate this reply please click the thank you button on my profile.