Property dispute
3 months ago
My grandmother is 80+ years and alive, and she has 3 daughters, middle one is my mother. My grandfather had died many years ago and did not make a will for his house, and hence it is understood that the house is now legally under the name of all 4 persons i.e. grandmother and her 3 daughters. Now my grandmother want to sell the house and divide the money between her two daughters excluding my mother. This information was leaked to my mother by a maid servant who used to look after my grandmother 2 years ago. Further, my grandmother along with her two daughters and few other relatives often make up stories and call my mother to provide them a copy of my mother's photo, aadhar, pan etc. required to open a account or payment of tax, etc. But I am 100% sure that they are seeking those documents in order to do some evil manipulation tricks to exclude my mother's name from the property papers and then sell the house and divide the gains. Therefore, I want some advice on how to be safe in such situation and what measures can be taken to protect my mother's legal right to her share in the property. I don't want my mother to suffer losses wherein legally she must get her share in the property.
Looking forward to your valuable advices. Thanking you.
If your grandfather passed away without a will, the self-acquired property is subject to the Hindu law of succession. All surviving legal heirs, including your mother, are entitled to an equal share. Until a partition suit is initiated and the property is divided among the heirs, your grandmother cannot sell the entire property, excluding her share. Your mother, being a legal heir, has the right to claim her share through the Hindu law of succession. To secure her portion, she can file a partition suit in the Civil Court. Seek guidance from a legal professional for proper steps and assistance in this matter.
If your grandfather died leaving his self-acquired property intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. Until and unless that property is partitioned between the legal heirs through a partition suit, your grandmother cannot sell the entire property except her own share. So your mother can claim her share in the said property following the Hindu law of succession/inheritance. Being a legal heir, your mother can file a partition suit in the Civil Court for an order of partition of the property to obtain her share in the said property left by your grandfather intestate. Reach out to an Advocate for proper guidance and steps.
In civil cases it is appropriate to place the documents before the lawyer and get legal advise otherwise you may be misled.