Succession rights

Here out of 5 members, 3 persons are willing  to partition and other two persons are not willing to partition. So it is better to issue a legal notice to "not willing parties" by the "willing parties" asking them to made partition of the property. Upon receipt of the Legal notice by the "not willing parties" if they act positively no problem for you. If they dont accept, file a Partition suit against the "not willing parties" by the "willing Parties. 

Here for your sake *& convinience only  I am mentioning "willing parties" and 'Not willing parties". It means who are interested are "willing parties" and who are not interested are 'not interested parties". Now understand.

Dear Ms S. Chavan,

You have not clarified when your grandfather expired and in which state you stay. Succession rights are different in different states. females are given rights through acts/ ordinances having effect from different dates. 

In the mean time, I agree with suggestion given by Mr. Baala so far as your point No. 1 is concerned.

As regards to your point No. 2 i.e. " What will be the consequences if my my mother dies without making a will, shall I eligible to get the rights in the above mentioned property if the property is not divided and upto what extend. all the legal heirs including you will inherit your mother's rights in your grand father's property as prevailing in your state subject to her rights as stated above. 

A. Kumar

Dear Mr. Baala & Mr. Kumar

Thanks for your valuable reply.

The property is in the state of Maharashtra and my grandfather died in the year June, 1996.

Point no. 1: will my mother is eligible for the rights.

Point no 2: Will it be applicable in the state of Maharashtra state. I will be thankful if you forward me any judgement / notification regarding the same or any link from where i can download the same.

Thanks

Swapnil Chavan