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mone (GM)     20 July 2012

Married women before 1956

Hello all,

My mother is 68 years and has been married in 1963. Her grand father had lands (ancestoral property)  and when he died his property was moved to her father name. She has a brother who was always abroad since 1972.  My grandfather (mom's dad)  died intestate he did not mention any will. My mother was taking care of the property along with my dad. Grandfather died in 1993. How much property rights do we have, since we took care of the property all these years, we also invested a lot in upbriging the barren land into rich cultivation ground by inserting borewells, building compounds etc.

My uncle who was with us all the years saying that the property would be shared among my mom and himself, now claims that does not want to share any property.

Can you please advice what is course of action to be taken, in order to get my mother claim. We reside in karnataka.

I read some cases where Lodha has given in favour of the daughter. Does the birth year of my mom have any bearing on the property rights. 

Please advice thanks in advance. Also advice about some lawyers in bangalore who deals with such cases.

 

Thanks

Mone



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 July 2012

Your mother and her brother are entitled to the property in equal respects. In her lifetime you don't have any rights as such. Your mother's share can be culled out by filing a suit for partition. 

Guest (Guest)     20 July 2012

The propery being ancestral, your mother and her brother have an equal share in it which any of them can legally cull out by filing a suit for partition. You don't have any rights in her property during her lifetime.


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