Grandfather property
Amitava Guha Roy
(Querist) 17 November 2014
This query is : Resolved
My mother have two sister.Both are married. My maternal grandfather was died in the year 1971.My maternal grandfather got 9 cottah rehabilitation land from govt.after partion. After his demised my maternal grandmother was lived before her demised & now she also died in the year 1994. I have five maternal uncle which was three of them have their separate homes but they they still come at my maternal grandfather house. My two maternal uncle are stay there from before. Now all of my maternal uncles are not willing to share the properties with us. At this stage what we do? Because my mother don't have any documents of that property.My mother & her sister both have proof that they are the Daughter of my maternal grandfather.
So now what would be our step against them.My maternal uncles are telling that my mother and her sister are married so married daughter have no authority to get share of her father property.We are tried to collect documents from govt. office but we all failed. Now please suggest us what we do & how we get our share.
Anirudh
(Expert) 17 November 2014
What your maternal uncles are saying is completely wrong.
Since your grand father has not left any WILL, all the legal heirs of your grand father i.e. your grand father's all sons and daughters are entitled for equal share in the property.
Your mother has to approach a local lawyer well versed in property laws. First a legal notice needs to be issued to your uncles from your mother's side demanding partition of the property. If no response comes to the legal notice within the period indicated in the notice, your mother has to file a partition suit before the appropriate civil court. Since your mother is not in possession of the property, she may have to pay court fee on the basis of the value of her share in the property.
ajay sethi
(Expert) 18 November 2014
agree with MR anriudh
Rajendra K Goyal
(Expert) 18 November 2014
All the legal heirs including married daughters have share in the property of the deceased father. Your mother can file suit of partition.
Amitava Guha Roy
(Querist) 18 November 2014
Thanx Mr. Anirud & Mr. Ajay Sethi for you suggestion but my maternal uncles decide to make flat on that property and they took money in advance from promoter.They made a porcha on there name an7 there have no name of my mother and her sister. They try forcefully to make flat on that property.We are little bit doubt that they made some false Documents in their name.
Anirudh
(Expert) 18 November 2014
So, what you want? We have already told you what your mother is eligible for. Further course of action is left to you. We have no role to play.
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
By repeating the same question in a different manner you will not find any solution, you sought opinions and advises from here, you were properly advised about what is to be done, please go ahead with the proper advise given by expert Mr. Anirudh.
