Grandson share on motherway ancestral property

Babu (Querist) 17 September 2023 This query is : Resolved
Dear Sir,
Can I claim my share in motherway ancestral property when my mother is alive but she is not ready claim equal share from her brothers.
Can I file the suit to get equal share to my mother when she does not want equal share on ancestral property.
What should I do to get equal share to my mother or me from the ascentral property even my mother not intrested to claim.

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This discussion clarifies that grandchildren generally cannot claim a share of their mother's ancestral property while she is alive, even if she is entitled to a share. The right to claim rests solely with the mother. However, if the mother provides consent and a power of attorney, the grandchild may be able to pursue the claim on her behalf. The experts also question the premise of the property being ancestral and the mother's specific entitlement.

kavksatyanarayana (Expert) 17 September 2023
Your mother can claim her share in her ancestral property if she wishes. But you cannot ask to share.

T. Kalaiselvan, Advocate (Expert) 17 September 2023
You cannot claim any share out of your mother's ancestral property.
If at all your mother is entitled to any share out of the said property, then it is she who can do so and not her next generation wards and not even her husband at least not during her lifetime.
In fact you cannot claim any share in it even after your mother is acquiring or inheriting her rightful share in the property at least not during her lifetime.
But is your mother gives her consent and gives yo a general power of attorney then you can fight the case on her behalf.

Dr. J C Vashista (Expert) 18 September 2023
I agree with the opinion and advise of learned experts, you have no right, claim, interest or title over the share of your mother's property, which she may acquire from her ancestors.

Advocate Bhartesh goyal (Expert) 18 September 2023
I too agree with experts.You have no right to claim any share but your mother can claim share in questioned property .

Sudhir Kumar, Advocate (Expert) 19 September 2023
agreed with above views.

P. Venu (Expert) 30 September 2023
How is that the property is ancestral? How is that your mother has a share, irrespective of the the property being ancestral or otherwise?

Please post query based on facts not assumptions and presumptions.

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