Female right on ancestor property
Rajat
(Querist) 24 April 2015
This query is : Resolved
Dear sir/madam
i want an information on the law which passed on 2005 that in my mother's family she have only a brother and her mother more means 3 persons, my grandfather in law (my mother's dad) died in 2001 after that her father's property (which was his ancestors) was transferred on my grandmother in law's name who is still alive, my mother wants to claim for her partition, so as the law for hindu female was passed on 2005 and her father was dead in 2001, so does she haves the right to claim for the partition or not?
kavksatyanarayana
(Expert) 24 April 2015
If your grandfather (mother's father) died intestate the property devolve among your grandmother, mother and his brother. so your mother have right to claim for her share. tell your mother to claim her share in an amicable way.
P. Venu
(Expert) 24 April 2015
I am unable understand as to what do you mean by the expressions "grand father in law" and "grand mother in law".
Rajendra K Goyal
(Expert) 24 April 2015
How the property was transferred in the name of your mother's mother? Whether your mothers father died intestate?
Consult local lawyer and show / discuss in detail.
malipeddi jaggarao
(Expert) 24 April 2015
@Expert Mr.Venu. The author means maternal grand-father.
@Mr.Rajat - You say that your grand father died and after his death the property was transferred in the name of your grand mother. How the transfer is effected? Whether your grand father has written any Will in favour of your grandmother? If he has not written a Will, your mother can stake her claim in the property. If he has not written a Will, we have to examine how your grand father acquired the property - that means self-acquired or ancestral. You may say it is ancestral, but unless we examine the entire matter, i.e., chain or passing of the property into the hands of your grand father, we cannot advise properly. Hope you are clear now. If there was no Will, your mother can ask for partition of the property. Death Certificate, Legal heir certificate, details of property, proof of ownership in the name of your grand father and proof of ownership in the name your grand mother etc., are required. Better you consult a local advocate who is expert in property laws with all the papers.
ajay sethi
(Expert) 24 April 2015
well advised by MR malipeddi
Kumar Doab
(Expert) 24 April 2015
I too agree with Mr. Mallipeddi.
If the property is ancestral the entire property can not be given away by WILL.
Rajat
(Querist) 25 April 2015
Thanks everyone for your replies..
@malipeddi jaggarao sir you are right its maternal grand father of my mother whose property is going on with the 3 generations ancestral chain (as with only one son each), and as my grand father in law died due to heart attack without writing any will, it was transfered to my grand mother in law's name (said to be my mothers mom)so should i start the claiming activty for the case?
And sir is there any right to form a will by any candidate for ancestral property going on in a chain?
Dr J C Vashista
(Expert) 25 April 2015
Well advised by experts, no room left to add, I agree.
@Rajat
Despite the clarification advise made by expert Mr. Malippedi Jaggarao you are repeating the relation. Why do you confuse yourself along with reader of your query by stating "grandfather in law" "grand mother in law"? Does it make any sense of the relation mentioned?
Consult with a local lawyer.
Biswanath Roy
(Expert) 30 April 2015
Observation and opinion of Learned Mr. Malippedi Jaggarao appears as correct.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
Agreed with the experts views, in the given situation, your mother has a share or right in the property
