anand (proprietor) 05 September 2014

My share in maternal grandfather property

A )My maternal grandfather was a govt employee, he passed away without any will.he served for university here and he got a land in employees colony.will my mother have a share in it .can we claim our share if my mother does not want to from our maternal grandfather self acquired property in our mother's absence.

B )my mother also has some ancestral property and she was never given a penny from that, my mother is old now, can we take POA or make a will where in we will have rights to claim our mother share from her ancestral property in my mother's absence .

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Kumar Doab (FIN) 05 September 2014

It is believed that you are Hindu and Hindu Succession Laws shall apply.

1. The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

This would imply if the property of the female is self acquired..............

2. If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

3. If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

You may show the docs related to the property and also share if the property is agricultural and on which date/month year the succession opened to your lawyer dealing in such/revenue/civil matters well versed with local laws too.........................and proceed under his expert advice.

anand (proprietor) 05 September 2014

hi sir

I regret that i was unable to explain my concerns properly.however i feel that it was put forward very simply and straight , i actually did not understand what you have guided me .I request that the answers be as simple as my questions are or in like close ended questions and answers manner like my questions A) & B )
...please guide

A) .can we claim our share from my maternal grandfather self acquired property in our mother's absence.

B) can we take POA or make a will where in we will have rights to claim our mother share from her ancestral property in my mother's absence .

T. Kalaiselvan, Advocate (Advocate) 08 September 2014

A) .can we claim our share from my maternal grandfather self acquired property in our mother's absence.

If your mother is alive, none of you can claim any share or right in the maternal grandfather's intestate property. No doubt your mother certainly has a right to a legitimate share in her father's intestate self acquired property but only she can exercise her rights and not her heirs during her life time. However upon her Will or on her intestate demise, her legal heirs can claim haer share out of the said property.

B) can we take POA or make a will where in we will have rights to claim our mother share from her ancestral property in my mother's absence .

There is no question of POA for claiming her share from her siblings, it is not valid but you can always get a Will executed by her bequeathing her share of property on your name which will become operative after her departure from this mortal world.

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Kumar Doab (FIN) 08 September 2014

Mr. Kalaiselvan has explained and addressed the query..