Succession of ancestral property in karnataka
Chakrapani
(Querist) 01 October 2015
This query is : Resolved
My Grandfather died leaving my mother and her Step Brother. The step brother is also deceased. Step brother has a son. Now an ancestral property is still in the name of my grand father. However, we have come to know that Step brother's son has entered into transaction.
1) Whether my mother has any right?
2) Whether being grandson, I have any right?
3) How is that my cousin, step brother's son can only have right?
4) Whether my mother can gift her share through power of attorney?
5)Whether I or my mother will have to apply to court for succession certificate?
Kindly guide me.
Thanking You.
Bangalore.
adv. rajeev ( rajoo )
(Expert) 02 October 2015
Being a legal heir your mother has got equal share in the property.
P. Venu
(Expert) 02 October 2015
The best course is that you and your mother (and other legal heirs, if any) file a suit for partition.
Rajendra K Goyal
(Expert) 02 October 2015
Whether the property in the name of your grandfather has come after partition or how the property came in his name and how?
How many children your grand father is having?
Whether step brother of your mother was ever adopted by grand father?
Consult local lawyer and show him all the documents.
K.S.Srinivas
(Expert) 02 October 2015
1) Yes. She is eligible for her share of property.
2) When your mother is alive, she possess the right on the property.
3) Your cousin is along has no right. Your mother and your mother and cousin have equal rights to share the property in equal shares.
4) Since your mother has not got her share of property, it may not be possible to gift her share to you now.
5) Your mother has to apply for succession certificate. (Your mother and her step brother are the successors. Since step brother died, his son is eligible for his father's share).
