Daughter's claim in her mothers property
2 years ago
My aunt's mother has a residential plot transferred in her name by her husband (legal heir) who passed away. She has two children a son and a daughter ( aunt). My aunt is married over 30 years now. My aunts brother is refusing to give any share in the property which is still in the name of her mother who is aged now but alive. Aunt is settled in different place with her husband and in meantime her brother constructed house in the property without her knowledge or legal consent and now refusing to give any share.
Just would like to know if aunt can claim right in the property owned by her mother and if so can that be claimed when her mother is alive? How much share she can claim? one half of the property ( equally between son and daughter) or one third ( equally between three i.e. mother, son and daughter).
If she can get share in plot then what will happen to the building that's constructed in her share of plot?
Can she file a suit against her brother if so what's the procedure to start with? Generally how long it takes to fight and claim in court of law? The property is situated in Taluk place in Karnataka. How best to deal with this type of dispute? Please guide and provide expert advise. Thank you in advance.
Generally such partition suits will take long time say 4-5 years in Trial Court and another 2-3 years in Appellate Courts anyhow there are chances of winning.
Your aunt can claim her share in her mother’s property only after her mother passes away.
If her brother objects then she can challenge it in the court of law as she has equal right over the property.
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