daughters right on mothers property

Querist : Anonymous (Querist) 29 May 2011 This query is : Resolved
Hello,
my mother's parents are dead and my mother has 2 brothers and 4 sisters excluding her.
- Property comes in delhi state.
- property was in self aquisition of parents.
- did not leave any will.
- all the 4 sisters excluding my mother have signed papers leaving there right on the property.

My Questions are:
- what is the share my mother is eligible for i.e. 1/7th or 1/3rd?
- can my mother ask her share, if her brothers are not selling the property as of now?
- can her brothers do any demolition or renovation without my mothers consent in the house?
- what precautions can we take to ensure that my mother gets her right whenever the property is sold?

Any thing which we should keep in mind, besides these question then please enlighten us on that too.

Thanks

Follow Query

Report Abuse

abhay dholakiya (Expert) 29 May 2011
in my sence your mother is elegible to get 1/3 share in my advice she can discuss with her brother about her share and also other way that you may file suit of partition in civil court

R.Ramachandran (Expert) 30 May 2011
Since the property you say is self-acquired property of your mother's parents, and the parents have died without leaving any WILL, the property will go by way of inheritance EQUALLY amongst all the legal heirs. The legal heirs are 2 sons and 5 daughters. Therefore each of the legal heir will get 1/7th of the share in the property. Your mother is therefore entitled to 1/7th of the property.

I DO NOT KNOW THE BASIS OF LAW UNDER WHICH MR. ABHAY SAYS THAT YOUR MOTHER WILL GET 1/3RD SHARE.

If your mother's 4 sisters have relinquished their interests(share) in the property then their share (1/7th) each will go to the person in whose favour they have relinquished their share. Just because your mother's 4 sisters have relinquished their interests would not mean, that there are only 3 legal heirs left i.e. 2 sons and your mother and therefore your mother would get 1/3rd share.

YOUR MOTHER'S SHARE WILL CONTINUE TO BE 1/7th share.

bhagwat patil (Expert) 30 May 2011
Your mother is entitled for 1/7th share,and if at all other sisters relinquished in favor of your mother it will increased proportionately.

Guest (Expert) 02 June 2011
Depends upon in whose favour the sisters relinquished their shares. Otherwise, your mother's share would be only 1/7 only.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now