Rajesh (Engineer) 30 January 2010

Women's Share

Hi Lawyers,

I have a query to understand whether my mother has rights to give a case against her brother for cheating all his siblings and acquiring my grandfather's property.

My grandfather passed away few years back and grandmom is still alive. There was no division of share among his 3 children. All the property and articles are given to my uncle who is the lone male child in the family. There are two sisters on of which is my mom and both of them where given nothing by my grandfather.

My grandfather had taken signatures from my mom and her sister on some document which they were not allowed to read before his death. We suspect this document contains the details that we don't want any part of the share. After his death my uncle started ill treating my grandmom too. She is currently in a state that she cannot remember past always.

My uncle had also build a house in my grandfather's property when he was alive and now my uncle holds all the property and houses which my grandfather had build. We are from Hindu family. I am not sure on the rights and laws. Since he is ill treating my grandmom. My mom and sister had decided to teach him a lesson. But don't know the rights we have to question what my grandfather had divided. We are also scared to question him directly. Thought if possible we will get legal help. He is a government servant in Gazzetted rank.

Any reply will be an encouragement. Also let me know in case you need more information on the same. We are from Ernakulam.

Regards,

Rajesh

Reply Follow

5 Replies

kranthi kiran (Works In Judicial Department) 30 January 2010

consult an advocate and get file a suit for partition by your mother and aunt. Your grandmother, your mother and your aunt are eligible for shares.

(Guest)

More information is needed, regarding whether the property is immovable or movable?whether it is ancestral or self acquired by your Grand father? If it is self acquired your grandfather can transfer it to only one of his children, if it is ancestral your grand mother and other children have share in that property so them can claim their share by filing civil suit for partition.

hitesh pandit (advocate) 30 January 2010

hi rajesh

to ur problem there , a new act had come in force which will be taking care of elderly persons who were harassed by the there children, you are better advice to contact a lawyer for solution.

Rajesh (Engineer) 30 January 2010

Hi Pallavi,

The property is immovable. It is in the form of land and houses.

One house is separate which he had bought, the rest is ancestral which was passed to him by his ancestors.

Hi Hitesh,

Can u give me some heads up on the rights for elders. But in this case how to prove it? It is within the family, but how to prove my grandmother is ill treated and sick because of my uncle and family.

Regards,

Rajesh

(Guest)

Yes Mr. Rajesh, the property which ancestral, in that your mother can initiate legal proceeding asking for her share & shares of other siblings and of her mother by giving notice through Advocate to your uncle, for partition, after receiving Advocate's notice if he agree to give their shares,then its okay, otherwise your mother can file civil suit in the court, in whose jursdiction the property is situated. One more provision for your grand mother she can give notice of partition and also ask for some money as maintanance, as it is your uncle's duty to look after his mother, even for summary proceeding she can file maintanance application in criminal court under C.rpc section 125.