Does my mother have any right in her paternal property?
25-Feb-2023 (In Property Law)
My maternal grandfather was gifted family property by his other brothers as he had some disability.So the property in question has been in my grandfather's name since my mother's childhood.My grandfather had 3 children my mom, elder & younger uncle.My grandfather died in feb 2005.In july 2005 my father died so my elder uncle took us to my maternal house to live with them.My elder uncle is also dead.My mom has taken care of all medical expenses of my grandfather/mother & uncle. My younger uncle din't fulfill any of his responsibility as a son & now he is denying my mother share in the property
You have not specified whether you are Hindu or any other religion. If you are Hindu then your mother have equal right as that of other uncle/s in her ancestral property. She can demand her share and if denied she can file suit for partition.
Your mother is having share property rights and if there is any solid proof that your other uncles have not supported during your grand father illness then may be property share rights can be increase but it will be challenged by your uncles.
Being your maternal grandfather was gifted family property by his other brothers, it doesn't falls under the head of ancestral property. All his 3 childrens, two of your maternal uncle and your mom has equal shares in the said property. your mom too have equal share and right as daughters too have equal right to share in the father's property if the same is not ancestral one. If your Grandfather has made a will then the said property will be distributed as per the will and if not then all the three have equal rights. Your uncle cannot deny your mother's share in the property.
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