Legal Question in Civil Rights Law in India

Sir,

Iam writing this letter on behalf of my mother N.Kumudhan w/o R.Nallasamy 28 krishna street Erode - 2

My Grandmother(mothers mother) is with us. My mother was married in the year 1977. my grandmother has one daughter(MY Mother Mrs N.Kumudham) and one Son Late S.R.Subramaniam. MY grandfather is still alive. My grand mother gave a will staing that my(grand mother)s share of 1/6 th to my mother. We have filed the case against my grandfather and Aunty Janaki(Wife of Late Subramaniam). In the Lower court states that " Kumudham has the hold of 1/6th share of grandmother". this was in our favour. Now my mother had applied for equal share as per the new law Hindu sucession amendment act 2004/2005. My grand father is still alive and when the case was in trail He has given will to my Aunty of all the property.

Can my mother can win the case of equal share in ancestral property.

pls advise us.

with regards

Sengottaian.N

s/o R.Nallasamy

28 krishna Street

Erode - 2


Asked on 2/27/10, 3:46 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to rebut the presumption of court that the property is joint family and need to prove that the property was self acquired and grand father had all the rights to execute the will.

Read more
Answered on 3/03/10, 9:29 pm


Related Questions & Answers

More Civil Rights Law questions and answers in India