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c.thangavelu (partner)     06 October 2010

sold property in 1983 but till not partition done

my name is sundarambal. my mother has 3 younger brothers. we have an agricultural land of 460 cents in my grandfa's name. the property was given to my grandfa by his mother.

one of my uncle sold his 153 cents (1/3 rd of total propery) to third persons in 1983. no partition has been done till date. another uncle given his share 153 cents (1/3rd of the property) to his childs in 2008 through registered doucument. but partition has been not done.

can i cliam 1/4 of the property from my uncles and the third persons. they all of them saying that  they are not ready to give my mother's share. my mother died in the year 2001.

please help me



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 3 Replies

R.Ramachandran (Advocate)     06 October 2010

From the facts revealed by you, it is an ancestral property.  Till the year 2005 only male members were entitled to the share in it.  Only from September 2005, even the females are also entitled to an equal share just like a male child in the family.

But since even your mother had died in the year 2001 (much prior to the coming into force of the amendment in the year 2005 to the Hindu Succession Act, 1056), you have no righ to  claim any share in the property.

c.thangavelu (partner)     20 October 2010

Sorry, my mother died on 3rd january 2004

R.Ramachandran (Advocate)     20 October 2010

Still there will be no change in my answer.


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