Daughter right over property after 7 years

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
Hi

My grandfather expired around 7 years ago and at that time there was no mention of any will. My mother have 4 sisters and a brother. after my grandfathers death most of the property has been used by 2 sisters and brother of my mother.
Now suddenly my mother's brother has come asking her to sign a document stating a NOC for a house and a factory.
my mother wishes to have her share partially if not complete

What are her rights ?
What can she do to get her share from sister and brother /

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R.Ramachandran (Expert) 18 April 2011
From the facts stated by you it appears that the property is self-acquired property of your grand father. Therefore, after his death, all his legal heirs (i.e. your grand mother, your uncle and your aunt(s) and your mother) are entitled for equal share in the property left behind by your grand father.
So, your mother can straight away ask for her share (instead of saying that partially if not fully).
If they do not given, then your mother has to institute a suit for partition. She will win the case.

Naresh Kudal (Expert) 18 April 2011
Agree with Mr. Ramchandran.

Querist : Anonymous (Querist) 19 April 2011
dear Sir

Thanks for the suggestion.
One more query though.

Since my maternal grandfather expired 7 years ago there was lot of cash in his bank to which one of my mother's sister was co-account holder and she has utlized this money for her own good
Does my mother have a right over that ?

Also these two sisters along with the help of brother have transfered the GPA in their own name and got the property registered.

And now they are not willing to even show any papers saying all was purchased in their name only

Do my mother have rights over that ?

Further my mother's brother has produced a will which is 20 yrs old approx. 13 yrs before my grandfather expired stating the house and factory was given to him.

Appreciate any help ?

R.Ramachandran (Expert) 19 April 2011
We have already indicated to you the overall legal position.
If you have further issues, it would be better for you to approach a lawyer, show the papers that you have and get his advice and act accordingly.

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