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Sai Deepthi (Senior Software Engineer)     09 June 2009

Share in fathers property

Hi, I am writing this for my mother. Recently my maternal grandmother died and even my grand father died 30 years ago. Now my grand father has a property(a house) which my uncles(my mother has 4 brothers) want to share it. Will my mother get a share in it. 3 of my uncles are happy to share it to mother but one of them is not willing to share it to my mother(I mean that uncle is no more but his wife is creating a problem). Kindly let me know if my mother can get her share even if one of them does not agree or create a problem.



 4 Replies

Sai Deepthi (Senior Software Engineer)     10 June 2009

Kindly some one reply to my concern. Help me. If I am not clear with the issue. I can explain you again.

Adv.Husain (Advocate)     10 June 2009

is that property self acquired or ansestrial property of your grandfather... and whn did your mother get married . and whr r u frm i mean which state. and did any partition took place b4, or did ur mother get any property or share b4

 

Husain

Sai Deepthi (Senior Software Engineer)     11 June 2009

Hi Husain,

It is self aquired property of my grandfather. I am from Andhra pradesh and my mom is married in 1981. Any kind of partition did not take place till now so she has not got anything till now. My uncles(my mom's brothers are very happy to share the property with my mother except one of the brothers wife as that he is no more. Can she stop the sale of that property even though others are ready to sell it. (She is not directly linked with the property na.She is just wife of one of the my mothers brother.)

Kindly clarify this as I can help my mother.

Guest (Guest)     11 June 2009

Your question is quite simple.  I assum you are Hindus.  I again assume neither your grandfather nor your grandmother executed any will.

If so, Your grandmother has 4 sons and one daughter and hence, the property will be divided into 5 parts and each one has got one part.  As far as your aunt (deceased uncle's wife) is concerned, she is also entitled to 1/5th part of the property, irrespective of how many children she has.

Now, this property can be divided in the above said proportion by peaceful family settlement by executing a deed and get it registered.  If any one of them has any objection to the above proposition, the only alternative is to file a "partition suit" in the court of law, with the assistance of local advocate.


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