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hemu (owner)     11 January 2011

Family property dispute

My grandfather (mothers side) died and had no will. His eldest born son( my mama) had one child from his first wife, who he legally divorced and kept the custody of the child. He married again and had two children from his second wife. He died about 2 months back and now his children are claiming 80-90% of the property for them selves and his wife(second).

this man( my mama)  had a younger brother, and 6 sisters and the mother has expeired.

 

how should the property  be divided?. do sons (espicially the eldest) have more rights over the property than the daughters or is it to be divided 1/8 to each in equal parts? 

my mother is not to keen on filing a case could I and my father do it on her behalf?

thanks for reading and your answers



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 January 2011

All the daughters and sons of your grandfather have equal share in the property. The share of your elder deceased mama shall be equally divided amongst his second wife and 3 children. The share of your mother should be claimed by her only, you or your father cannot claim her share.

hemu (owner)     11 January 2011

hey thanks! but is there a way I can fight on her behalf if I take concent from her? what is such a concent called ...is it power of attorney?

kaparapu babulu (associate professor)     23 January 2011

Dear Sir/Madam,

I am having one sister whom has filed a suit against me regarding her share of my parent's self acquired properties. My father wrote a notarized will bequetheing all properties in his name to my mother and died on 28-04-2009. My mother execuited a registered will bequetheing 80% of the property to me and the remaining 20% of the property to my sister and died on 04-10-2009. My sister has gone to the court with the intention of getting 50% of the property of my parents by challenging the wills execuited by my parents. Is it possible to get the share that my sister wanted?

Adv Archana Deshmukh (Practicing Advocate)     23 January 2011

If the property was the self acquired property of your father and the WILL of your mother is legally valid then, then she cannot claim.

Sonu (owner)     08 August 2011

dear sir/madam
 my grandfather (mothers side) died in 1985. my grandfather (mothers side) donot have any will. he has three doughter from his first wife.  my nani (First wife of my Nana) also died in 1980. now my grandfather,s (mothers side) secound wife (who do not have any child) is owner of all Property since my grandfather (mothers side) death. and all property earned by my grandfather (mothers side). now secound wife of my grandfather (mothers side) is not intrested in given my mother any property. so please tell me what leagel action We can take.

shaik (sr.act)     03 September 2013

Dear Sir/Medam,

My Father purchased 3 properties. he died. i have 3 sisters and my self(male). my mother did gift deed to me for one property without any conditions. can i sell that property.

Advance thanks for your reply

Anil 

richa (assistant)     27 December 2013

hi..my mother has 3brothers along with a sister.they are totally 5.my grandfather used to run a small scale industry and aslo had a own house.after my grand pa passed away,that property came grand mom.after sometime she handed it to my 2nd mama coz of ill health[not legally]..during this time,with that income my 2nd mama purchased 3acres of land,out of with 1.5acres registered as gift regtn in the name of my 2nd aunt from her parents.                                                                                                                                                                                                    now my elder mama is asking to distribute the whole property equally among them selves.how can be the property distributed among them?

                              

adv.raghavan (Advocate,9444674980)     29 December 2013

if your grand father had not written any will, collect all the property documents and file a partition suit, then things will come in order.


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