Civil
raghavendra
(Querist) 06 September 2011
This query is : Resolved
sir,
my mother married in the year of 1965 , my mother father has 100 ancesteral property , my mother has 4 younger brother ,this 4 younger brother divided the thease 100 acre land between them ,
i am claiming my portion of property , how much my mother is entitle ,
property situated in chennai,
raghavendra
(Querist) 06 September 2011
should i required to give legal notice to my brotherws
prabhakar singh
(Expert) 06 September 2011
If hindu succession Act 1956 applies in the state where these 100 acre land situate ,the share of your mother of course would be equal to 1/5 th of the total being 20 acres.
But some states have provided succession provisions in very land law of agricultural holdings enacted by them ,to say in UP it is so,that being case,you are advised to check the law with a local revenue lawyer of your district as you have not disclosed the state where the land situate.
prabhakar singh
(Expert) 06 September 2011
No ! formal notice is required by law your mother need to file a suit of partition against all of them(her brothers) by declaration of your "share and title in the land" in the court having jurisdiction in your district /state which are normally SDMs of the area.
The share stated above was told on understanding that mother of your mother( your nani maa)is no more.
Shailesh Kr. Shah
(Expert) 06 September 2011
Rightly advised by Expert : prabhakar singh. and say about state in which property is situated, date of death of your Mother's father, so we can better advised you.
R.Ramachandran
(Expert) 06 September 2011
The share in your maternal grand father's property that your mother would get is her personal property. Nobody can claim any share in the same during her life time. Therefore you have no right to claim any share in the same.
prabhakar singh
(Expert) 06 September 2011
""i am claiming my portion of property , how much my mother is entitle ,""
was the question ??Hence i deciphered what he intended to say as a whole that if her mother has right to claim her share with her brothers or not??is his question answered by me,Mr. Ramachandran!!
R.Ramachandran
(Expert) 06 September 2011
Dear Mr. Prabhakar,
The question is quite ambiguous.
If the query is as to how much my mother will get - your answer is perfect.
If the query is that I want to claim my share (meaning the querist wants to claim his share) from my mother's share, then my answer is correct.
Since both of us have sufficiently given the preface to our answer, it is for the querist to adapt the answer that suits his requirement.
raghavendra
(Querist) 06 September 2011
my mother is married in the year of 1965 in her 16 age , than also she is entitle for equal share with her broher
land is situated in chennai
raghavendra
(Querist) 06 September 2011
i am not asking the property with my uncles, my mother only file the suit if requires , now i am just querring on behalf of my mother,
R.Ramachandran
(Expert) 06 September 2011
OK. Mr. Prabhakar has already answered that your mother will get 1/5th share.
