Land partition
Querist :
Anonymous
(Querist) 10 January 2011
This query is : Resolved
Dear Sir,
My mother wants her property from her father and her age around 59 years old.my question was
1. Is she elgilabe get the property from her father or can she take divident.
2.The history of the property was Mother Father's Father had been gifited by his sisiter around 20 arces later the property given to mother father .in these cases wheather she can claim her property or not .
3.Can she make petition to claim her property ,within how many day or month will it take to settle or to claim the property .pl tell me what to next
Regards,
P.Mahesh
A V Vishal
(Expert) 10 January 2011
Incomplete details. You have not stated who are the legal heirs to your mother's father and what is the present status of the property.
Querist :
Anonymous
(Querist) 10 January 2011
Legal heir of my mother Father were inculding my mother 3 sister with one younger brother were .Where three sister ready needs thier part from thier father property
R.Ramachandran
(Expert) 10 January 2011
The property is not at all ancestral. Since the property was gifted by your mother's grand father by his sister, it is a personal property of your mother's grand father.
I presume that your mother's father might have got the property by way of inheritance after the death of your mother's grand father.
Therefore the property is still a personal property of your mother's property.
In the said property, which is personal property of your mother's father, nobody (whether sons / daughters) can have any claim.
If your mother's father does not leave any will, and if there is any property left after his demise, then all the legal heirs of your mother's father (i.e. his widow, son(s) and daughter(s) will have equal share as legal heirs).
If during the life time, your mother's father disposes of the property in whatever manner that he likes - like gifting to any particular son or daughter or even a stranger, or giving it by way of will, or disposing of the same and using the sale proceeds etc. etc., no one can question his acts.
G. ARAVINTHAN
(Expert) 10 January 2011
What are the properties?
Is properties self-acquired or ancestral?
Querist :
Anonymous
(Querist) 10 January 2011
Dear Sir,
It is ancestral property the history
Mother grand father sister gifted 20 arces land to her brother ( Mother Grand father) the same property had been divided between two son (Mother father & uncle).
In the property of mother father ,my mother need her part will she eligble for it.
Guest
(Expert) 10 January 2011
your mother cannot claim
H.M.Patnaik
(Expert) 11 January 2011
From the info. supplid by the querist, it is understood that the property in question passed unto mother's father by way of inheritence. in such a case, if your maternal grandfather does not make a Will covering the above property, then at his demise , your maternal grandmother and her children will be te legal heirs to enjoy the property in equal share . As indicated above ,there are four legal heirs to the said property and hence your mother will have 1/4th share in the property .
