quesShould my mother retain her share in ancestral property

Our ancestral property was inherited from my grandfather. My father expired in 1996. Me and my brother want to divide our inherited property. My mother was illtreated by my sister in law and she does not want my mother to have a 1/3rd share of property which she is legally entitled to and this property be divided between me and my brother. My mother wants to keep her property thinking about the future.

The problem now is that my sister in law and my brother are not ready to do the partition as they think that my mother's death would get them a 50% naturally. At the same time they fear that my mother would mention the property in my name before her death.

What should my mother do? Without the partition, is my mother entitled to gift her 1/3rd share of property to anyone or can she approach the court and while the case is pending in the court can she request the court as to whom her property should go to?

We are 2 married brothers and our mother. My mother is a senior citizen.

  • ansOn what basis do you claim that the property is ancestral? If it was a self acquired property of your grand father it cannot be regarded as an ancestral property. Did your grand father leave any will? How did property devolve on your mother?

    Apart from that as per the limited facts provided by you, we believe that your mother is absolutely right. She should retain her 1/3rd share without any conditions.

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