Legal opinion

Querist : Anonymous (Querist) 14 March 2020 This query is : Resolved
sir,

whether my father has legal right on my grand mother's property

my grand mother died in 2002 and my mother died in 1983
my mother and her sisters are two daughters of my grand mother
my question is
1)whether my father has share in this property as property still in my grand mother's name-not yet partitioned
2)can w myself and my brother and my mother's sister who is alive can go for partion deed, pls advice

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Raj Kumar Makkad (Expert) 14 March 2020
1. Yes. He has share in the property which shall come in the favour of your mother, though died in the year 1983 but her shall shall be equal to her alive sister and in that case the share of your mother shall further be distributed among all her legal heirs including you in equal share.

2. Yes. either of the legal heirs of your maternal grandmother can file a suit for partition and possession.

Rajendra K Goyal (Expert) 15 March 2020
You asked:
1)whether my father has share in this property as property still in my grand mother's name-not yet partitioned
Reply:
Your father has a share in the property inherited by your mother from her mother.

You asked:
2)can w myself and my brother and my mother's sister who is alive can go for partion deed, pls advice
Reply: Yes.

P. Venu (Expert) 15 March 2020
Inheritance of intestate property is based on the personal law as applicable to your community.

T. Kalaiselvan, Advocate (Expert) 15 March 2020
Your mother has a right for her legitimate share out of her mother's property who is reported to have died intestate.
Now your mother's share of property shall devolve equally on her own legal heirs i.e., your father, you and your siblings.
You can very well file a partition suit and seek your rightful share in it.

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