×

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.

  • File Mutual Consent Divorce @ Rs. 25,000/- only


    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Divorce lawyers in India

Similar questions

My husband and his family cheated me regarding his job salary and property. I knew…
What is the difference between CAW and Women's Cell? Is that possible to take divorce…
I am an Hindu My fiancee is fighting a divorce case, she also has a…

sir/madam my guestion .m or mere pati krib 2saal s alg rhe h . m…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years


Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly