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Can my mother claim share in grandmothers property after fathers death
03-Jul-2023 (In Family Law)
My mom stays with my uncle and grandma for last 25 years. My mom stays at the GroundFloor of the place for last 30 years and my grandma and uncle stays at FirstFloor of the place for last 25 years. House is in name of my grandma which she is not willing to give my mom and my dad passed away in 2014. So, my question is if mom go for a vacation for a month can they throw out my mom's stuff??
If there is no will of your grandmother than the property will be equally distributed among the children of your grandmother share of your father will equally distributed among your mother and her children.
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1) If your house was the self-acquired property of your grandfather and your grandfather transferred his property to your grandmother OR
2) if it is the self-acquired property of your grandmother;
then nobody has any right. The owner of that property may give it to anybody as per their wish.
Secondly, your mother has a right of residence in that property. Your grandmother cannot throw her out without following due process of law.
2) if it is the self-acquired property of your grandmother;
then nobody has any right. The owner of that property may give it to anybody as per their wish.
Secondly, your mother has a right of residence in that property. Your grandmother cannot throw her out without following due process of law.
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The property is in name of your Grandma, Therefore your Mom has been staying with them for past 30 years. The question is the house is a self acquired property or a inherited property ??Whether it is matrimonial house of your mother??Whether your dad has been a co sharer in that property through any testamentary document executed in his favour i.e. will etc. The partition has took place among the legal heirs or not or still it is undivided shares (HUF).Because if your mom is residing there for last 30 years I'm sure she would be holding some title out there. Therefore to summarize if your mother comes within the purview of any of the above asked questions, definitely your mother has a right in the said house and she can enjoy peaceful possesion out there in the respected share. But incase its none of the above situations then there are various effective legal remedies wherein she can ask for residential reliefs.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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