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property sharing of father to daughter
25-Sep-2023 (In Property Law)
i need some suggestion on property sharing related information below is my description for some clarity: My grandfather has two children one my mother and her elder brother, My grandfather passed away in the year 2004. My grandfather has a property of around 17 cents land including a house (with in 17 cents). This property is in problem now, my mothers elder brother is resistant to share the property, while my mother served my grandfather while he was hospitalized and my mothers brother didnot even bothered the same is continuing with my grandmother my mother is looking after her,could you please tell me what is the solution to this problem, can the property shared to my mother pls help how we can go forward.
HI,
in the absence of any will or gift (registered) the property which was left by your grandfather will be shared
between your mother, her brother and your grandmother equally. your mother can file partition suit against her brother and mother she will definately gets her share to the property.
meanwhile your grand mother can file a criminal case against her son U/S 125 of CR.P.CP. and also under SENIOR CITIZENS ACT for her maintenance.
in the absence of any will or gift (registered) the property which was left by your grandfather will be shared
between your mother, her brother and your grandmother equally. your mother can file partition suit against her brother and mother she will definately gets her share to the property.
meanwhile your grand mother can file a criminal case against her son U/S 125 of CR.P.CP. and also under SENIOR CITIZENS ACT for her maintenance.
Helpful?
24+
24+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Hi
Since your grand father passed away in the year 2004, the succession opened up in the year 2004 and the hindu succession act as applicable on the date of demise of your grand father will apply.
Succession laws are both state and central subjects. Andhra pradesh (under the chief ministership of Sri.N.T.RamaRao) was the first of the few southern states to introduce equal property rights to both men and women in the year 1986.
So, legally your mother is eligible to claim a share of your grand father's property and both your mother and her elder brother are eligible for equal share of property(i am assuming your grand father did not leave any will behind).
Initially if the issue is not settled through mediation, your mother should approach the court for partition of the property of property including the house.
In the event of your mother filing the suit for partition, she will win the case hands down within 1 year of she filing the suit.
No worries.
Since your grand father passed away in the year 2004, the succession opened up in the year 2004 and the hindu succession act as applicable on the date of demise of your grand father will apply.
Succession laws are both state and central subjects. Andhra pradesh (under the chief ministership of Sri.N.T.RamaRao) was the first of the few southern states to introduce equal property rights to both men and women in the year 1986.
So, legally your mother is eligible to claim a share of your grand father's property and both your mother and her elder brother are eligible for equal share of property(i am assuming your grand father did not leave any will behind).
Initially if the issue is not settled through mediation, your mother should approach the court for partition of the property of property including the house.
In the event of your mother filing the suit for partition, she will win the case hands down within 1 year of she filing the suit.
No worries.
Helpful?
18+
18+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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