Hi Sir/ Madam,
My grand mother had bought 3.25 acres of land on her own earnings. Now, she was died, and no written will left behind. She has only daughter(my mother). But, in discussions she wanted to share the land among her 5 grand children(3 male, 2 female) like 5 × 0.5 acre and 0.75 to her daughter. Among these parts already 2 parts were given to 2 grand sons(my borthers) and now the rest is in control of 3rd grand children(younger brother). When I asked for my part, there are delaying it from long time.
My mother is also aged person, 0.75 acre if still be there without any will, how can it be divided?
Please help me with the legal actions that I can take to get my part and my mother's part incase of her demise(my brothers are looking to take this part as well).
A.Dear client,
As your grandmother died without a will, her legal heir, that is your mother will get the full share. You can claim your rights in the land by filing a suit against the 3rd grandchild. If you want your mother's part then there should be a will that your mother wants to give you her share or she must transfer it herself before her death.
Thank you
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Your mother is now the sole Owner of that property . It is necessary to know whether your mother has executed the Transfer Deeds in registered manner in favour of her three sons,if not, then after her death without making any Will, the entire property will devolve upon her five children and then you will be entitled to claim partition of your undivided one-fifth share.
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