Dear sir, My mother is 60 yr old, she has total four siblings, presently two brothers are alive, two sisters have died long back, my grand father and grandmother both are not alive now, before death of my grand father he did his property partition somewhere in 1970 without my mother's knowledge into two parts I.e. Two sons, now my mother asked for share in that property, they just ignoring her, and ill treating her sometimes threatening her....property includes 50 acres of fertile land (5-10lacs/acre approx valuation of agri land) and house... We approached local lawyer he said we'll get share definitely within 2 years and he is asking court fees of 60000 rupees is it worth to pay him? Court fees is very huge I feel, I need expert advice on this.... Kindly advice how to go ahead? What will be the approx court fees initially?
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What basis you say propertyis ancestral ?
2) if it was self acquired property of grandfather then he was free to transfer it in favour of his sons
3) property which has remained undivided for four generations would be ancestral property
4) if your mother is filing suit for partition to claim her share in property she has to pay court fees depending upon market value of property
5) court fees is state subject and varies from state to state
Yes it's ancestral property, this property runs since four generations but partition of the property was done in 1970s between two brothers, female inheritance was never done at any stage, is the daughter of family eligible for share now? If yes how much percentage chance is there of winning the case and approx how much time it will take to arrive at a court decision?? And approximately how claim on the property can we make? And ho
1. To claim property now for your mother, her father should have been alive as on [deleted].
2. It is the date from when Hindu Succession Act was amended to give right for a. Hindu woman as a Coparcener since birth on par with her brothers in the Ancestral Property
1. Did your grandfather registered a deed of conveyance duly partitioning his properties in favour of his two sons? If that Deed of Conveyance was not registered, then it is not valid. If it is registered, then it is valid and your mother will have no claim on her husband's said property since its title has already been conveyed before his demise.
2. If the title of the said property has been validly transferred by your father in favour of your two brothers then there is no point in filing any suit claiming share of the said property b paying so much on stamp duty in addition to the fees of the lawyer.
1) your mother has share in ancestral property
2) she woukd have one third share in property
3) she has ti move court to claim her one third share and to set aside partition done of the property
4) it would take over 10 years for suit to be disposed of
Hi
The court fee is paid on the percentage of share what you are claiming.
the amount shall be specific based on the valuation done as per the market value of the share.
To find it out first find out he market value then you check online court fee karnataka , enter the amount and you will get the exact amount .
Your lawyer may have added other expenses of filing. There other expenses to file a partition suit apart from the lawyer's fee.
1. If the property divided by your maternal grandfather was his self acquired or separate property then he was at liberty to divide it in the manner he desired. He was under no obligation to divide it equally among his children. The owner of a property has an indefeasible right to discriminate among his heirs at the time of making a settlement/bequest of his property.
2. Your mother can successfully impeach the partition only and only if she can prove that the property was ancestral in her hands as on the date of division.
3. The property which gets divided, before it passes as undivided to the fourth generation upwards, does not attain the ancestral character.
Are yo concerned about partition and share in the property or about the lawyer's fee for the suit.
As a matter of legal fact the property that belonged to your grandfather was properly partitioned by him during his life time among his two sons alone that too way back in the year 1970.
Your grandfather need not obtain the consent of your mother for partitioning his property among his sons alone.
She has no rights neither she had any during the time of partition.
She can claim a share only if her father died intestate whereas he distributed his property among his sons during his lifetime itself hence your mother may not have any share in the property.
However you may approach a different lawyer and produce all the papers before him/her seeking opinion whether your mother can get any share out of her father's property and then proceed.
The lawyer's fee cannot be predicted by other lawyer hence no comments on this
Yes it's ancestral property, this property runs since four generations but partition of the property was done in 1970s between two brothers, female inheritance was never done at any stage, is the daughter of family eligible for share now? If yes how much percentage chance is there of winning the case and approx how much time it will take to arrive at a court decision?? And approximately how claim on the property can we make?
Even if it was four generation property, the character of ancestral extinguished once there was a partition in the year 1970 and also during that time your mother was not eligible for any share in the ancestral property, therefore there is no question female inheritance. The legal battle will stretch anywhere between 5 and 10 years but there is no guarantee for a fruitful result, in fact there is no provision in law for claiming a share by your mother in this property at this stage, dont get cheated by false promises by some greedy advocates.