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Amit Kumar   02 September 2015

Widowed daughter claim her share father's propertey

Hello.

Basic Information :
My Grandfather(Mother's father) have 4 children. 3 married daughters and 1 married son.

My Grandfather had bought all the property (mentioned below) from someone when he was young.

My mother Widowed in 2015


 
1] In 1996, my grandfather gave two plots to daughter no. 3. The owner of the plots was either my grand father or grand mother. Now the total cost of the both plots are 50 Lakhs.
 
2] In other hand my Grand father has a house of the same cost 50 lakh which he transfered to his son (Registered his son's name and removed his own name. In short he given the house to his son before 2005)


3] Now, my grandfather also have a farm of which cost is same 50 lakh (My grandfather is regisetered owner right now).
 
So, according to point no. 1 & 2 if Sister no. 3 already have got plots from grandfather's/grandmother's property. And son has got the house in grandfather's property then,

A) Should only my mother and sister no 1 claim for equal share in the farm given in point no. 3? (Means the farm should be given to only my mother and sister no. 1 in equal share? or should be given to all 4 children equally because plot and house was given to son and sister 3 before 2005?)

B) And if no matter if the plots and house is given to them before 2005, if my mother and sister 1 should claim in plots and house too then should All the propertey i.e. House, Plots, Farm should redistributed ( if son and sister 3 are no agree to distribute) ?

C) If Grandfather creates a will that tells that all his remaining propertey (Farm) goes to his son only then can my mother & Sister no 1 claim for her share in farm?

 

Extra information :
 
Only my mother is a widow.


With your answers, please provide link to the judgement, amendment or any act regarding to this issue (if possible) So that I can use it for reference.
 
Thank you.

-Amit



Learning

 2 Replies

Kumar Doab (FIN)     02 September 2015

If all property is  self acquired proeprty of the mother's father then he can give it away to anyone in his life time and write a WILL also.

Your mother and you have no forced share in it.

Your mother's father can give anything to your mother by his sweet will.

Amit Kumar   02 September 2015

Hi Kumar sir. Really Ancentral act says that my widowed mother don't have forced right to claim her 1/4th share in the farm?

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