Legal Question in Wills and Trusts in India
My Father died in year 1977. We have been living in my grandfather house before my father death. My father had 7 brothers, the attitude of 7 brothers towards myself being quite young, my mother and my brother was very bad and they always instigated my grandfather to throw us out of the house. Ultimatley we filed for suit aganinst our grandfather that we have rights in the house. My grandfather died during the suit and his 7 sons took over and fought case aganinst us. As my grandfather has come from pakistan, we collected information from Jam Nagar house that my grandfather got a claim from his own claim and also claim of my great grand father who filed his claim in India but could not collect it as he died thus my greatgrandfather claim was also processed togther in my grandfather claim and money was adjusted in paying additional strip of land for the disputed property and some ground rent was also adjusted from claim. There was another property which was settled from the consolidated claim i.e claim from grandfather and great grandfather. It was also revealed during the probate hearing in the court by the sons of my grandfather that he has willed away all the property to them and that we have been deprived of any share in the disputed house and other portion of his property. During the evidence in the court it has been proven that all family member from my grandfather side came as hindu undivided family and no portion of disputed property and other property was divided to anyone before my grandfather death. My question is
1) What is the status of right of my mother in the above property. Can she sell her right as she is quite old and does no intend to keep fighting the above case. Please advice.
2 Answers from Attorneys
Your Grand father means Dadaji or Nanaji . If it is dada ji then your mother has no right except the share of your father in that property . But your dada ji had willed that property to his 7 sons ,he could have done this as it was his self acquired property.
your mother has an equal share in the property as other legal heirs and she may also sell her undivided share in the joint family property but it is advisable to file a suit for partition to determine the exact share. partition by metes and bounds seems to be the remedy.
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