GOKULDAS KAMATH (EX BANKER) 15 September 2016
My mother born in 1938 was married in 1954 died in 2014
Her father died in 1966 while mother died in 1971
My mother's father has 162 cents of agr land in his name which is not yet partitioned
Whether my mother has share in her father's property.Whether we 3 sons as legal hiers of our mother can claim our share in the property
Meenakshi (Lawyer) 15 September 2016
Grandfather has property which devolves on his kids. IS your mother the only heir to your grandfather. If your mother has sisters or brothers, the property will devolve on them too and the mothers share wil devolve upon you.
So for example:
Grandfather has a land. Grandfather has one daughter (Your Mom) and one son (Your Mama)
then the property will equally devolve upon your mother and Mama.
Since your mother has expired leaving three sons, her 50% share will devolve upon you and your two brothers. 50% divided by 3 sons.
Kumar Doab (FIN) 15 September 2016
It is believed that deceased father and you are Hindu and father has not left a valid WILL.
Apparently the property is self acquired.
The succession opens on date of death.
The property is not devided as on date.
The self acquired/earned property of deceased Hindu male devolves equally upon ClassI legal heirs i.e: Mother, Wife, sons ,daughters.
The death certificate,legal heir certificate may be submitted to the authority under whose jurisdiction property falls to record inheritance/ownership in mutation records.
ClassI legal hiers may devide amongst themselves by a valid deed and prefer to record the boundaries..
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