Womens property rights

Dear Sir,
It is remote chance to get a share by your mother. You are saying portion of the property is already sold. More over, the said property was self acquired property of your grandfather as such he has exercised his absolute rights. Unless you establish such Will was taken by fraudulent activities by his son and daughter-in-law then only your mother may get success. Better add the subsequent purchaser of portion of property by amending the plaint and see cancellation of such sale deed.

Dear Client,
Your query suffers from a lack of information. Your query does not disclose whether the property received by the maternal grandfather from his father was self-acquired property or an ancestral property. However, in case it is an ancestral property, then be informed that an individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Grandfather's property is ancestral in the hands of the grandchildren. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the equal right along with their siblings to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer or alienate his/her share in the property even through a WILL(without being a owner of his share) without the consent of other legal heirs/coparceners. Your query does not even disclose the details of the civil suit filed that has been running run since the last 5 years. However, in the given scenario, a civil suit for a declaration and injunction apart from a partition suit is a viable option, one can pursue to get her/his share in the said ancestral property. Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied this right of speedy trial is entitled to approach the High Court under Article 226 of the Constitution of India praying for a direction to the trial court below wherein your case is pending for expeditious hearing of the case and disposal within a given time frame. Apart, you can put up an application before the trial Court praying for the transfer of your case to a Fast Track Court or Lok Adalat for a speedy trial by expressing the reasons/causes in the application. On receipt of a Courts order or an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 of the Legal Services Authorities Act 1987 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award passed by a Lok Adalat which is constituted for the speedy disposal of pending cases and is an alternate dispute redressal system of a judicial body or quasi-judicial body. Lok Adalat is one of the alternative dispute redressal mechanisms. It is a forum where disputes/cases pending in the court of law or at the pre-litigation stage are settled/ compromised amicably. As per Section 20(3) in The Legal Services Authorities Act, 1987, where any case is referred to a Lok Adalat under sub-section (1) of Sec.19 or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.