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Right to claim share in the property of maternal grandmother
10-Aug-2023 (In Property Law)
My mother got the property from her mother and my mother died do I get any share in accentral property of my mother?
if it was a self acquired property of grandmother then it cannot be termed as an ancestral property and if mother left will then property will devolce as per the will or else intestate succession will take place i.e. equal division in all heirs
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Adv. Palak Nenwani
Delhi | 100+ Answers
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hi there.
First of all the property which has been given by your maternal grandmother to your mother cannot be termed to be an ancestral property. Ancestral property is always from the paternal side in which you would have the share.
now coming to this property, if you have your father is alive then the property shall devolve first upon him and also you need to be clear whether there is any Will by your mother or she died inestate (your query is silent about the same).
if there is no other legal heir of your mother then you may file a succession certificate and transfer that property is your name.
First of all the property which has been given by your maternal grandmother to your mother cannot be termed to be an ancestral property. Ancestral property is always from the paternal side in which you would have the share.
now coming to this property, if you have your father is alive then the property shall devolve first upon him and also you need to be clear whether there is any Will by your mother or she died inestate (your query is silent about the same).
if there is no other legal heir of your mother then you may file a succession certificate and transfer that property is your name.
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Adv. Monica Manchanda
Delhi | 25+ Answers
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Sir if the inherited property was mutated and transferred in the name of your mother then surely you can claim a share in the property being the class 1 legal heirs, and your share will depend upon the no. of legal heirs . If there is a will then a probate case shall be filed and if the other legal heirs have objection, they will file it thereafter.
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