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Does Womens have a right in a mothers own land

(Querist) 11 March 2008 This query is : Resolved 
My mother had 6 brothers and 2 sisters.
My Grand ma (Mother`s mother) is having a land which was acquired by my Grandfather on 18.8.1964 in the name of my grandmother. My grandfather was died on 1992 and he had not written any will.Now My grandma is decided to sale a land and distribute the receipts of lands only to my mothers`s brothers without giving any small amount to my mother and her sisters.

My question is Whether my mother and her sisters have a right to claim the share of property or not.

Please tell me immediately.

I am Karkuvel from Tamilnadu
Guest (Expert) 12 March 2008
Dear Mr. Karkuvel,

Since the property is in the name of your grandmother, 'WILL' of your grandfather is immaterial. Your mother as well as her sisters are entitled for a share in the property.

Your mother is advised to send a 'Legal Notice' through an Advocate to your grandmother mentioning about the claim of your mother as well as to submit a 'written application' stating her claim to the property at the 'Registrar office' within whose jurisdiction the property is located, and mention that any deed of conveyance pertaining to the property shall not be registered.
Karkuvel (Querist) 12 March 2008
Dear Mr.Siva

Thank you for your prompt and valuable reply. My another query is Can my Grandma sale the land without obtaining the signatures of my mother and her sisters?


Please reply as early as possible

Regards
T.K.Karkuvel
Rajesh Kumar (Expert) 14 March 2008
The property is in the name of your grandmother. It is her individual property ahs she has absolute right on this property. She can sell this property at will and distribute the proceeds of this property as per her wishes. Since the property is in the name of of your grand mother only, she does not require any persons signature to sell the property.
You dont have any cause of action.
R. Brizmohan Singh (Expert) 14 March 2008
This property is hit by benami transactions and its latest amendments by the State of Kerala. Unless shown that your grandmother had her own independent income, this property for all practical purposes is that of your grandfather or that acquired by your grandmother through her husband. Inwhich case, Section 15(2)(b) of Hindu Succession Act applies if you are a Hindu and devolves on the heirs of your grandfather as per Section 8 of the same Act. In either case, both your mother and her sisters and brothers are equally entitled to their share.
SANJAY DIXIT (Expert) 25 July 2008
I agree with the opinion made by Mr Rajesh.
Srinivas.B.S.S.T (Expert) 14 August 2008
I do agree with the opinion of Sri. Rajesh your sister have right in the property but that is only if your grandma dies intestate.
Y V Vishweshwar Rao (Expert) 06 May 2009
The Property is acquired by your Grand Father in the name of Your Grand Mother , Your Grand Mother has not acquired it , it is only name lendign and to the satisfaction of your Grand Mother your Grand Father purhased the proerty in her name , it is the proerty of the your Grand Father and after his death intestate , it beliogns to all his heirs/succesors and family memebrs including your Grand mother - notwithstandign the name of Your Grand mother in the sale Deed and local proerty registers . Your mother can file a suit for partition claiming the proerty as Joint proerty of mother and brothers and sisters and are entitled to a share in the property - as it is not partitioend after the death of Your Grand father ( in the year 1992 ) it remains Joint property to be partitioned in between you .
M/s. Y-not legal services (Expert) 05 December 2010
Yes. Your mother can file a suit for partition
M/s. Y-not legal services (Expert) 05 December 2010
But you have to prove that property was purchased by your grandpa's income..
Adv.Shine Thomas (Expert) 25 January 2011
If the property is in the name of your grandmother,she can sell the property.


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