About the land

Dear Client,
Your query lacks information and transparency to address it properly. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Your query does not indicate whether the property left by your grandfather is ancestral or self-acquired. In case of ancestral property, an individual gets the right to the said property by birth, and in case of self-acquired property, if left intestate, i.e, without any WILL, all the surviving legal heirs, including daughters, are entitled to an equal share in the said property. However, regardless of nature or class of property, until and unless an undivided ancestral property or self-acquired 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 his/her share in the property without the consent of other legal heirs/coparceners. Being a coparcener and legal heir of the said undivided ancestral property or self-acquired(if left intestate), you can file a civil suit for partition in the civil court to obtain your mother's share in the said property. If required, consult with an Advocate who can guide you with tailored advice to navigate the issue in the right way based on your situation.

Dear Client,

Especially after the Hindu Succession (Amendment) Act, 2005, daughters have been granted equal coparcenary rights in ancestral property by birth, just like sons. This means if the land your mother's brothers divided was ancestral property and remained undivided when the 2005 amendment came into effect, your mother would have an equal share, and any division without her consent or a due share after that date could be challenged. To pursue this, your mother would likely need to file a Partition Suit in a civil court to claim her rightful share, and you would derive your share through her.

Challenging the government power purchase agreement linked to this land would be significantly more complex; it would require proving that the brothers lacked the full legal right to enter into the agreement due to your mother's undivided share, and such a challenge could face substantial legal and financial hurdles. Given the intricacies of property law and contractual agreements, it's absolutely crucial to consult with a lawyer specializing in property and inheritance law to assess the specifics of your case, advise on the strongest legal strategy, and guide you through the process of asserting your mother's rights and, if viable, challenging the PPA.