property

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
my grandparents(mom's parents).Both grandparents expired.My mom have 5 brothers.(one elder and 4 younger.)My grand parents have a house which is on my grandfathers and my eldest mama's name.and my eldest mama is mentally challenged.Now my mama's son says that property belongs to him.
My query is:
1.Is it possible for other sibling to claim for the parents property.
2.will my mother get a share.if so equal share or upto what percentile.
3.how to sell the property.

Thanks in advance to the experts....ur advice values a lot.

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Rajpal Sharma (Expert) 08 April 2011
Question wise answers:-

1. yes all are entitle to get share out of share of your grantparents.
2. Yes, your mother will get 1/6 share out of share of your grandparents i.e. 1/12 share of house.
3. Since, the property is house, your mother should sell her share after partition.

Kirti Kar Tripathi (Expert) 08 April 2011
Your mother has share in the property. Since the property belongs to your grand father and his son. Thus 1/2 share of property will go to all of the legal heirs of your grand father. Thus your mother's share in that house is 1/12 i.e. 1/6 of in grand father's property. Until partition took place, your mother can not sell her share as all the legal heirs of your grand father are joint owner of said property but after partition, she can sell her share.