Siddharth (Manager) 26 February 2023

My maternal grandfather's property share

My maternal grandfather and grandmother had 3 children, 2 males and one female. My mother is eldest of the three. After my maternal grand parents and my mother passed they both (uncles)shared the property themselves without even intimating us.. They didn't give us share in it.

As my mother passed do we children have legal right to appeal for the share in the property? Do we have right to get equal share in material grand parents property?

kindly advice. Thank you

Reply Follow

Quick Summary

If your maternal uncles have inherited your grandparents' property without including your mother's share, you and your siblings may have a legal claim. As the legal heirs of your mother, you are entitled to her rightful portion of the ancestral property. It is advisable to consult with a local solicitor to understand your options and initiate legal proceedings for partition if a mutual agreement cannot be reached.

3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 26 February 2023

Your mother's legal heirs have an equal share over her share of the property. For your mother's share, you can file a suit in court by consulting a local lawyer.

2 Like

Dr J C Vashista (Advocate) 27 February 2023

Very well analysed, opined and advised by learned expert Mr. Kavksatyanaryana, I concur.

LRs of your mother have 1/3rd share in her intestate ancestral property.

It would be better to consult and engage a local prudent lawyer with relevant records for analyses, professional advise and necessary proceeding

1 Like

T. Kalaiselvan, Advocate (Advocate) 27 February 2023

The legal heirs of your deceased mother are having equal rights in the property and they are entitled to inherit their mother's legitimate and rightful share out of her parents property along with their maternal uncles.

The children can file a suit for partition and claim their lawful share in the property if there is no posibility for a mutually agreed partition among themselves.