regarding partition

raghavendra (Querist) 07 May 2010 This query is : Resolved
sir,
1. is grand son or grand daughter can claim the partition over maternal ancesteral property?

2. my problem is one of my friend mother is no more, but her father ( his grand father) has property in bangalore, can my friend ask or file suit for partition against his maternal uncles?

3. in such a case how i can ask the property with his uncles?

3. what is female right over ancesterl property?

4. sir,there any impediment to ask property to the female who married before 1990 ?

5. what will be court fees for partition?

6. what is the court fees for declaration of property?

3. please provide me relevant law and some importnt citation, which would in favour of grandson right over the maternal grand father properties after his mother died.

4. can he get the property?

thank you

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 07 May 2010
In view of the Hindu succession act your frnd's mother was entittle to equal share along with other copaceners, being a legal heir your frnd can claim share in her mother's share. I think I am right let us see other learned members answers.

Raj Kumar Makkad (Expert) 07 May 2010
1.

Yes.

2.

Yes.

3.

You cannot ask but your friend can claim and may pray his maternal uncles to provide the share of her mother to him.

Repeated no.3.

There is no change of male or female in this matter. Who so ever is the legal heir of deceased mother of your friend, can claim for partition of the share of deceased.

4.

There is no impediment of the marriage held prior to 1990 or thereafter. Material is date of death. If grand father (maternal) of your friend had died after 1995 then her mother is definitely entitled to inherit her euqal share as of her brothers separately.

5.

It changes from one State to other. It is calculated over value of the property.

6.

Depends upon value of property.

against repeated no. 3.

Citations are not required at this stage. First let him file the suit, let the reply come, issues led and thereafter the citations shall be required. There are numerous citation available at this stage but latest shall prevail at that time so ask these at appropriate time.

repeated no. 4.

yes.

G. ARAVINTHAN (Expert) 07 May 2010
1. Yes
2. sure
3. can issue a notice for share in that property then file suit for partition
4. That will not applicable
5. Better contact an advocate in Bangalore / Bengalooru

A V Vishal (Expert) 08 May 2010
There is an amendment to succession act in Karnataka way before the amendment of 2005 was passed. Query is vague and devoid of facts Answers will depend on the facts of the case. I am attaching the amended act of 1990, if you have specific query you could ask them but present the facts.