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Last Updated On 11-Jul-2021

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Grand Parents property partition suit

My uncles (my mother's brothers) have got all the properties of my Nana (my mother's father) transferred in their own names without informing my mother or giving any share to her cunningly, unfairly. Will my mother not get anything now?

( Bulandshahr, Uttar Pradesh )

10-Apr-2020

Reply

Hello
As per the law your mother have equal share in your maternal grandfather's property as your uncle does. If your Nana has left a will and gave all the property to your uncle then you couldn't do much. But if not then your mother have equal share in the property and could claim the same.
Thanks
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Posted On 11-Jul-2021

Vidhikarya

Helpful

Hello
If your grandfather (Nana) has executed a will and made your uncle the sole owner then in that case your mother would not get anything of that property. But in case where he had not left a will then your mother has the equal share in your Nana's property and your uncle's transferring of whole property in their name would be invalid.
Thanks.

Posted On 11-Jul-2021

Vidhikarya

Helpful

Kya aap ke nanaji dawra koi vashiyat ki gai hai. Agar vashiyat aap ke mamaji ke paksh me ki gai hai tab vah property aap ke naanaji ki death ke baad unke naam aa jaigi.
Aisi situation me aap ko vah vashiyat challenge karni hogi.
Agar vashiyat nhi ki gai hai tab aap ki mother aap ke naanaji ki property ki malik hogi.
Ho sakta hai ki aap ke mamaji dawara koi documents naam entry karte time parastut kiya ho.
Aap ko yah jankari karni hogi ki unka name kis aadhar par entry hua hai.
Ab property residential hai ya agriculture ye bhi dekhna hoga. Aap claer Kate.kyonki property likhne martr se hi aap ko koi help ki jaa sakti hai.
Kyon ki dono property ke liye procedure alag hai.
Aap advocate appoint kare unse discusses kare aap ko sahi help ho sakti hai.

Posted On 11-Jul-2021

Vidhikarya

Helpful

By giving legal notice to your maternal uncle for partition of her share in registered manner, if he doesn't agree,then Partition Suit is required to be filed by your mother against her brother before the competent Court of Law for declaration of her share in her father's property,Partition and Injunction against transfer / Status quo for not to change the nature and character of the property till the disposal of that Suit.

Posted On 11-Jul-2021

Vidhikarya

Helpful

It is not essential in law to inform the class I heirs (your mother is one) about the disposition of the property in one form or the other if the transfer is otherwise valid. hence what exactly you mean by cunningly or unfairly would determine the fate of your mother in claiming the portion of the property. If the property was fraudulently or under undue influence or under coercion etc has been transferred or misappropriated by your nanas then a case for claiming the rightful share by your mother shall lie and after proving the factum of such act before the court of law your mother can regain her share in the property.

Posted On 11-Jul-2021

Vidhikarya

Helpful

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