I am AJ and I need Legal help and need a direction to start here. My Dad lost his property in paying for my education and sold everything as we were in lot financial trouble.. So, I don't have anything left from my dad' side. So, now I am unemployed and my dad had recently heart-Attack so he is out of job too and I have a sister who is also studying.So, we are in financial trouble. But, my mom's dad had a big property and my mom was legally eligible for the 8th part in it as she have 5 sisters (including herself) and 2 brothers. (We are Hindu and Hindu acts applies on us).
So, we approached her and asked her to demand for her share as we have nothing else and lives in a rented house. So, she agreed as her Brothers and dad always kept distance from us as we were poor and they never visit us and never took care of their sister (our mom). Even when my dad was dying they didn't even showed up in the hospital to visit or support us in any manner.
But, when she sent the notice of partiton then her sisters and brother called on phone and threatened her of social boycott and everything. This violent behavior and fear of social boycott filled her mind with fear and she was very tensed for a few days and suddenly one day she just left us and started to live with her parents and brothers. Now, they have filled her mind with fear of social boycott and now she refused to return or ask for her legal share of property from her father. And, in the mean time her father transferred the whole property at the names of his both sons only. Whereas the Legal Notice we sent to him in the past totally mentioned that he can't alinate or transfer the property to anybody.
So, my question is that can we (me and my sister) ask for her property of share from my mother ? The property is purily Ancestoral and not earned by her father in his life time.
Finally, in short the situation is like this:
1) The property was at the name of my mom's father but then he tranferred to his sons only (after legal notice sent to him not to do so)
2) My Mom neither have the property nor she want to claim it as she fears social boycott
3) We (my sister and me) want the property as we both have nothing else at our names and we have a long career ahead and my father is heart patient and unemployed who already invested everything he had in our education.
So, my concern is only this that we are both child of both parents and whatever my father had he invested on us but my mom don't want to claim her share from parental property and nor want to give it to us. So, is this only father's responsibility to take care of children and not mother's responsibility at all?
Please guide us to the best of your knowledge.