quesCan my mother have a stake in grandfather's brother's property?

My mother is the eldest daughter and has three sister and a brother. My grandfather's brother died and had left a huge property. His property could not be sold by my grandfather too. Recently he too died. Can my mother have a stake in this property?

  • ansIf the property is ancesteral, then your mother has a right on the property.  

     

    A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family.


    However if the property is not an ancestral property, your mother will have no right on same. 

     

  • ansIf the property is ancesteral, then your mother has a right on the property.
    A pre-requisite condition required for a property to be Ancestral property is
    that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family.
    However if the property is not an ancestral property, your mother will have no right on same.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansIf the property is ancestral then you can claim the property ,but if your grandfather brother had it by his own income you cannot claim .

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • 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 Property 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.
  • Related Articles

Consult best Property lawyers in India

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal 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