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rajasekarprasad (software)     08 February 2010

My mother will get share from her father's self earned prope

My mother 60 yrs old and she got marriage 40 yrs back

My grandfather has 3 daughters and 3 sons and he expired without will on 1995

I think on 1997, 3 songs made partition deed of my grandfather’s self earned property without knowledge to my mother.

My mother has equal rights as per the hindu secession act 2005 amendment, but my questions are:

In this case, is there any limitation act comes?

Can my mother suit case of her share?

if They transferred property on 1997 (before dec’2004(before 2005 amendment)), still does she have rights to get equal share?

 



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 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 February 2010

Your father has share in your grandfather;s share and not of your mother. I think you are talking about your maternal grandfather. Your mother is entitled for the right to maintenance as your maternal grandfather had expired in 1995 and it hardly matters when was partition made. Your mother has some share in the property mentioned and she can legally file a suit for that which can be filed within 3 years of knowledge of partition/sale as you told in quarry.

rajasekarprasad (software)     09 February 2010

Yes, your right (maternal grandfather property). In this case, can I legally file a suit? If my mother supported to her brothers.

Anil Agrawal (Retired)     17 February 2010

You have no right and can't file the case. Your mother can.


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