quesCan my mother ask for share in her father's residential plot?

My mother has residential property from her father's side. My mom are only two sisters. My mom's sister's elder son was staying since childhood with her father and she was not taking any amount since then. After such a long stay he is thinking that the residential property is only his right.


Now mother wants equal partition of residential property but mother's sister is not giving fare equal share of the property and not vacating our share. Don't have any docs in government record.


I wants to know how we can proceed and how much maximum time as per Indian scenario can be taken.


  • ans


    We suggest that you should file a suit for partition by metes and bounds and also for permanent and mandatory injunction. As your grandfather had died intestate (without a will), his property will devolve equally on both his daughters which implies that you mother has an equal share in property as your mother's sister irrespective of the fact that you haven't stayed in that house and your mom's sister's elder son has.


    No government record shall be required as the property must have been in the name of your grandfather, and your mother and her sister are his only Class I heirs.


    Hence, the property shall devolve equally on both of them. And further, this is not a very lengthy process as once your mother proves her relationship of father and daughter in the Court, the Court shall pass a decree for partition by metes and bounds.


  • Apply For Legal Heir/Succession Certificate With Expert Lawyers
    Know More

    Click here to see all Property Legal Services
  • 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

Similar questions

Government allotted us a piece of land. We are two sisters and mother. My father…

i bought somebodys mortgaged property through bank and recieved the sale deed from court .now…

Mai ye janana chahta hu ki agar mere pitaji mujhe apni jaydaad se bedakhal karne…

My mother fixed a deal for our shop. We accepted the bayana. Now, my mother…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

View all >>