Property share of mother

B.S.NARAHARI (Querist) 03 April 2016 This query is : Resolved
Respected Sirs,

In Andhrapradesh, My mother's father has few ariculture lands and 3 houses. My mother is ninth sibblings of total 11 . My grandfather has written will that agriculture lands be shared by his 11 childrens and for share of 3 houses no any written will. Now my mother age is 70 years and married sometime 45 years back. Now wheather she is entitle for her share legally . Please advice

regards
Narahari

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Guest (Expert) 03 April 2016
Things which is not written in Will is considered as Unspecified property in Will .

If there is written and unspecified property should be given to XXXXX then it goes to it

If nothing regarding unspecified property is written then property is divided intestate (That is as if no will is made for that property) and it is distributed as per your personal law.

Presume you are Hindu. That unspecified property will be distributed by Hindu Succession act. and to the point your mother thus has share in it legally

dr g balakrishnan (Expert) 03 April 2016
if the property is partitioned today she has equal share with her other siblings.

Rajendra K Goyal (Expert) 03 April 2016
Your mother has equal share in the property of her father.

Dr J C Vashista (Expert) 06 April 2016
When did your grandfather die? If he died before 2005 the situation is different to the position after 2005.
Your mother has a share in the property beaquethed to her.
Consult a local lawyer for proper opinion and advise.

B.S.NARAHARI (Querist) 11 April 2016
Respected Dr JC Vashista sir,

My grandfather expired before 2005. Moreover when grand childrens are minor ( kids ) the sons sold my grand father's own hard earned property with out any consent from the grand-sons ( few major & few minors ) or grand daughters. Now all grand childrens are majors. Can they claim the property sold by their parents legally.

Thanking you

B.S.NARAHARI (Querist) 11 April 2016
Presently all grand childrens are well settled moreover the property share that each grand child gets is meagre. But it is a matter of centiments & affection or rememberence regarding Grand father and native village.

B.S.NARAHARI (Querist) 12 February 2020
My Late Grandfather ( Mother's Father ) had written a will that, all his self earned property comprising both Agriculture land and houses to be shared among his 11 childrens ( 8 sons + 3 Daughters ) . But a decade ago all the 10 brothers and sisters signed the property documents ( only one house costing around 5 crores ) in favour of Eldest son as a mark of respect and documents got registered with out any signature from the grand childrens. Now legally can grand childrens claim share in the grand fathers properties.
Please Note: Late Grandfather has not written any will in favour of grand childrens and the eldest son has not paid any money to his siblings for registering the house in this name. Moreover the cost of remaining 10 acres of land and other houses is not even worth for 75 lakhs. but this 75 lakhs is to be shared by 10 childrens of my grand father ( Mother's Father ).

Our Agony is the house at prime location costing 5 crores and above went to the eldest son of my Grand father

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