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URGENT!!Daughter's Share in a Joint Undivided Property

(Querist) 19 July 2011 This query is : Resolved 
I have a query regarding my mother's share in her paternal property.

The case is:
Grandfather of my mother was the sole owner of a property, and he died before 1956.He had 8 sons and 3 daughters.But he did not given his property to any one i.e did not write any specific will.After his demise,the property is mainly shared by his 8 sons.In turn these 8 sons had their sons and daughters.It needs to be mentioned my mother is daughter of one of these 8 sons.Now a situation has come, when they want to sell the property.
But my maternal uncle(brother of my mother) is claiming that as grandfather of my mother is the owner of the property and he did not give it to any one,so according to Mitakshara law, my mother will get only 25% share.One thing,I need to mention that my mom's dad died in 1990 and property is still undivided.

My mother is confused about her share,please help me to help my mother..

key points
1.My mother's grandfather --> sole owner,she is the third generation.
2.He died before 1956
4.He had 8 sons 3 daughters(2nd generation)
3.He had not written any will for his property
4.After his death the property is mainly shared by mainly by his 8 sons
5.My mother --> daughter of one of these 8 sons
6.My mon's dad died in 1990
7.He also had not written any will for his property
8.Property is still undivided and joint among the sons and daughters of 8 sons(2nd generation)
9.Now ,my mom's brother is claiming,since the property till date is entitled to my mom's grandfather(as he did not will it to any one) and he died before 1956,my mother will get only 25% share, according to Mitakshara law.


please guide me..please.....it's urgent
R.Ramachandran (Expert) 19 July 2011
The property is situate in which State?
Whether your mother's mother is alive?
How many brother's and sister's your mother has?
In which year did your mother get married?
Do you mean to say that the entire property left behind by your great grand father (i.e. your mother's grand father) has not been partitioned so far? or are you talking in terms of the property that fell to the share of your grand father?
Further, please indicate the nature of the property - whether it is house property or landed property.
kingshuk (Querist) 19 July 2011
it is house property,situated in Kolkata,West Bengal

No my mother's mother died in 2007.

My mother has only one one brother,the family structure is
grand father --> 8 sons & 3 daughters --> each of the son had his own sons and daughters(total 12 sons and 4 daughters),my mother is one of them and she self has only one brother and 11 cousin brothers.My mom's borther's point of view --- grand father's total property is to be divided in to 8 equal shares(as there were 8 sons of my mom's grandfather).Only 1/8 the share will fell into the share of my mom's father,hence, my mom + her borther will get 1/8 th part of the total property.
But he is claiming my mother will get only 25% share of this 1/8 part under Mitakshara law

Family diag is attached here with.

My mother got married on 1976

No house is not partitioned yet.These 12 sons used to stay there on mutual understanding.

R.Ramachandran (Expert) 19 July 2011
You in West Bengal are governedby Dayabhaga School and not Mitakshara. Therefore, why is it that your uncle is talking about Mitakshara?
kingshuk (Querist) 19 July 2011
Thanks many many thanks...

Hopefully you have understood my case.
I have a query,
in any case,whether it may be Dayabhaga School or any other,since house is on my great father's name and he died before 1956 and the house is still not partitioned,is there any chance that my mother will get less amount of share than her brother.
What amount my mother will get is it 50% of the 1/8 share of the house or any thing less??

Is there in any citation that you can refer to me for my future reference.


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