Hello,
We will definitely seek professional legal advice, just need some information to see where we stand, so if any you, my friends can reply, we’d really appreciate it.
I write on behalf of my mother who is from a family of 4 brothers and 4 sisters.
My grandfather had both ancestral property (belonging to my great grandfather) as well as self acquired property – these properties are in Andhra Pradesh and Karnataka.
My grandfather is no more – he did not leave a will.
My grandmother is very much alive – she has not drafted a will too – to our knowledge.
Property is in the form of immovable property and ‘mines’ – which is the family business, my uncles are living on these lands and reap benefit from the minerals which are mined and sold.
They do not give any share of the business to any of their sisters nor to their mother.
They do not even want to split the property – saying that the daughters have no right to claim for the same
My questions -
1. Do my mother and aunts have equal rights in their father’s property?
2. Do my mother and aunts have equal rights in their grandfather’s property?
3. Reading the ‘Hindu Succession Act Amendment 2005’ details, we are given to believe that indeed my mother and aunt do have an equal share – but since the talks on splitting the property are not progressing with their brothers, can my mother and aunts together file a legal suit for spilt of property?
4. If a suit can be filed what would the typical costs for filing a case be?..... (I guess this would be based on the property value – but is there any value based slab system?)
5. Is the Equal Right of Property for Women based on the date of their marriage? My mother and aunts were all married in the 70s and 80s.
6. Can my mother and aunts moot for a split in the family business as well (based out of earnings from the ‘mines’ – since this is also not directly something which my uncles have themselves acquired?
Thank you
