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What is the procedure to file petition for equal distribution of land
20-Jul-2023 (In Family Law)
My Grandfather (mom side) has a land of 6 acres, which is under control of my uncle (Mother's Brother). Earlier they have given one acre(out of 6) to my mom, we haven't asked half of the land though my mom is eligible to get it. But, my uncle is now forcefully cultivating that one-acre land also and he registered half of his land (3 acres) to his daughter as dowry/gift. So,now we decided to put a case against them to get the half of the total land. My questions are: Whether we'll get the 3 acres(half) with below issues. 1) Even though he gave to his daughter. 2) If my grandma is alive.
Hi
Your mother being the legal heir is entitled to 2 acres(assuming your grand mother, mother and mother's brother were the sole legal heirs of your grand father).
The 6 acres would have been divided equally in to 3 equal shares ( 2 acres each) between your grand mother, mother and mother's brother on the demise of your grand father.
We also need to see how 1 acre of land was allocated to your mother (was it oral or is there any deed signed by your mother). If the 1 acre of land was given orally, then your mother has a strong case to get 2 acres of land now and also an equal share of 1 acre from your grand mother's share after the time of your grand mother.
hope this helps.
Your mother being the legal heir is entitled to 2 acres(assuming your grand mother, mother and mother's brother were the sole legal heirs of your grand father).
The 6 acres would have been divided equally in to 3 equal shares ( 2 acres each) between your grand mother, mother and mother's brother on the demise of your grand father.
We also need to see how 1 acre of land was allocated to your mother (was it oral or is there any deed signed by your mother). If the 1 acre of land was given orally, then your mother has a strong case to get 2 acres of land now and also an equal share of 1 acre from your grand mother's share after the time of your grand mother.
hope this helps.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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HI,
you will get your share in the property.
if it is your grandfather's self acquired property your mother and uncle will get equal share in the
property in the absence of any will or gift.
if it is ancestral property your stand will change.
your grandma will also entitle 1/3rd share in the property.
you uncle's gift to her daughter will not take away your rights in the property.
you will get your share in the property.
if it is your grandfather's self acquired property your mother and uncle will get equal share in the
property in the absence of any will or gift.
if it is ancestral property your stand will change.
your grandma will also entitle 1/3rd share in the property.
you uncle's gift to her daughter will not take away your rights in the property.
Helpful?
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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