Hindu succession law

It is surprising that LOCAL lawyers are unable to render any clarification.

Or you have not consulted a lawyer worth his salt.

And you may consult a senior counsel that specializes in such matters.

It is believed that the deceased grandfather is your maternal grandfather and not paternal grandfather and as per your post, the property belonged to his father i.e. your mother’s grandfather.

It is not clear what exactly do you want to convey from that the property was shown in Land Ceiling Act in 1976?

You may also clarify if the property was 1st owned by your mother’s grandfather or it devolved from his forefather’s?

In other words what exactly the said Land Ceiling Act has to do with succession and rights of successors?

In the title of your query you have mentioned about Hindu Succession Act so it is believed that Hindu Succession laws/rules shall apply in this case.

It is also believed that mother’s grandfather and father did not leave a valid WILL, and there was NO partition of the property by a valid/registered partition deed.

Confirm!

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters………..

The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.

The property from mother’s side is not ancestral.

1st thing 1st; Obtain mutation record with all link docs from the O/o authority under whose jurisdiction property falls say; MC and determine who was 1st owner and whether the property in the hands of 1st owner amongst forefathers was self acquired or ancestral and likewise in case of your mother’s father it was self acquired or ancestral.

If it was self acquired in the hands of  your mother’s father your mother should have equal share.

If it was ancestral in the hands of your mother’s father and he died in year 2013 and there was no partition by a valid/registered partition deed then your mother should have equal share.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. Check locally and comply with procedure. The authority shall update share as per provisions of personal law that applies in mutation records. Obtain latest updated mutation records and be occupant of the property.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.

The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

You are welcome.