Can grand mothers proprty considered as ancestral property?
Hi Sir,
I need your legal advise on my present situation, please take few mins to read my situation & reply me.
Property of 70 acres was on my mothers grand mother
Family history is ---Great grand mother(my mothers fathers mother) had 70 acre land on her name, Great grand mother has only a son.Her son got married with 2 wifes.1st wife has 2 sons & 2nd wife has 3 sons+1 daughter(iam this 2nd wife daughters son). In 1982 partition happened between 2 wifes.
In 1982 Out of 70acres of great grand mother land at the time of partition 1st wife+her 2sons got 16acre land & 2nd wife+her 3sons+daughter got 54 acre land,because my great grand mother,my grand father are going to stay with 2nd wife and 2nd wifes children. Partition was completely done legally and along with registrations also.
While partitioning the 70 acres,16 acres registered to 1st wife+1st wife sons & 54acres registered to 2nd wife name+her sons, until now my grand father (my mothers father) has ZERO land on his name.
In 1994 my grand father (my mothers father) has self acquired a land of 25acres.
In 1999 my grand father (my mothers father) has passed away, NO will written.
my grand mother (my mothers mother) is still alive.
My mother wedding happened in 1981.
My grand mother (my mothers mother)+my uncle1+uncle2+uncle3 are joint Hindu Undivided family till today.
In 2005 my grand mother (my mothers mother)+my uncle1+uncle2+uncle3 signed and sold the 25acres without my mothers knowledge & without her signature (this 25acre is my grandfathers self acuired)
In 2008 year 2of my uncles got disputes& filed partition suit in court and included their sister i.e my mother name as defendant to make suit stronger with sister name in it.later my uncles came to know my mother also gets some share so they removed her name with in few months in year of 2008.
My mother immediately found this and filed IA to add her name back and provide her share and do the partition.her name was added in 2008 and suit is kept on going from 10years till today
My Questions/doubts are :
1) Will 54 acre land considered as ancestral property ?? (even though it came from great grand mother)&(partition happened between 2 wifes) ??
2) Can my mother request IA court to attach 25acre my grand father self acquired property to ongoing suit. ??
3) Is my mother as a daughter eligible for share in this case?? Will she be eligible for ancestral or self acquired?
Sir with your law experience please advise me the reasons on what basis still suit is going on and will my mother gets any share ??
Your advise is so valuable to me ..thank you ([deleted])