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Can my mother claim share in her fathers property


05-Jul-2023 (In Property Law)
My Grandfather (mom side) has a land of 6 acres, which is under control of my uncle (Mother's Brother). Earlier they have given one acre(out of 6) to my mom, we haven't asked half of the land though my mom is eligible to get it. But, my uncle is now forcefully cultivating that one-acre land also. So, we decided to put a case against them to get the half of the total land. My questions are: 1. Whether we'll get that land if my grandma is still alive and she is supporting my uncle. 2. Is there any possible law to stop cultivating the land from neither end until the court gives judgement.
Answers (3)

Answer #1
630 votes
SIR,
1) you will get that land even your grandma is alive. your mother has to file partition suit against her brother and mother in the civil court for her fathers entire property which includes all movable and immovable properties.
2) in that particular suit only you can ask the court by way of interim application for status-quo.

LawRato

Answer #2
528 votes
Sir,
Sir,
1. In your instance, since the property is self-acquired by father and in absence of the will, all legal heirs are rightful owners and will get equal share to that property.
2. Yes daughter\'s has right to claim that property during the existence of mother
3. However, it is advised first let the legal heirs mutated the property in their names .
________________________________________
Krishna Murthy Pasupula| Advocate I Hyderabad|
Answer #3
791 votes
sir,
your mother is having legal right to get half share in the ancestral property. the said one acre is registered are not. if registered you should file for injunction. if it is not registered you have to file for partition. if it is ancestral property compulsory you mother gets.

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