Anisha 09 October 2015

Daughter's right in property while father is not alive

Dear Team, My mother' Father (maternal grand father) expired 7-8 year ago an he did not made any particular will or legal paper for the property distribution. Now my two maternal uncle (mama) has sold some of the Land ( property) of my grandfather and got around 91 lacks out of it. They are total 4 siblings two brothers and two sisters including my mom. And one important thing my mom has done love marriage but after that my grandfather were calling her to their home gave her Gold jewellery of share in past. Now my uncles(mama) refusing to share Land money with my mom, is there any way my mom can ask it legally? And how much she can claim? ...please Asap Best Regards, Anisha

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4 Replies

saravanan s (legal advisor) 09 October 2015

since your grandfather had died intestate all his property (self aquired and his share in ancestral property) will devolve in equal share over his wife and children.so your mother is also legally entitled to get a share out of the property.

your uncle can sell his share alone out of your grandfathers property but not the whole property

she can file a partition suit to claim her share in the deceased persons property