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Mother wants share in her father's ancestral property how to claim it


07-Jul-2023 (In Property Law)
my mother wants to file a partition case against her father for her propety share.her father has got 4 sons and 2 daughters.my mother is most elder of them.by hindu law of 9th september 2005 she wants to claim for property i.e. under matakshara law.her father is alive till now.her father got all property from his ancestors that is her father has not earned any property ,all property he got from his ancestors.she has not signed any document in past with her father neither she got any money.she was married in 1974 .her father and mother both alive 1>is my mother has got right to file case ? 2>what are the chances that she will get property? 3>what are the steps of filing case in this matter? 4>what security we can ask from judge for our life as they have threatened of life if we file a case? 5>what problems can be brought by opponent advocate from my maternal grand father's side?
Answers (1)

Answer #1
916 votes
You can file a partition suit in the civil court of your district. Since both your mother and her father is alive on the date of 9th September 2005 she has equal and birth right as of her brother in the ancestor's property. And you can lodge FIR for theat of life and police protection.

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