Can I file a suit against my mother for property?
1 year ago
My mother father died in 2021 he had three children one son and two daughters my mother was elder one and middle one among three children my grandfather lived with us until his death he gifted a property to my mother which he got that property by his maternal grandfather by vill stating that until death of my daughter she had right to get havage on that property then after her death the absolute rights will transfer to the male children ,my grandfather were 4 no upon first one they partioned the property by unregistered partion deed two in one extent of the property and two inthe other extent in the said property after the unregistered partion deed made by my grandfather and his brother's my grandfather made gift settlement to my mother after the deminise of my grandfather my uncle was saying that I had a right in my father property telling suite a file for partion my doubt is this possible to suite a file on court against my mother
You can file a partition suit for the properties of your father as well as your mother under the following sections.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
Unfortunately your language is not allowing me to understand the case better but from whatever I have understood I am providing my suggestion
Since your mother has got the property in gift so, it is her absolute property and you can not file a partition suit against her.