Woman's Share in Ancestral Property

Respected Community Members, Please guide me regarding the following. Here, I have two situations -

Situation 1 : My mother has been brought up by my second grandmother because my actual grandmother died during my Mother's childhood. My original grandfather married some other woman after that and my mother had been raised by my actual grandmother's younger sister. But as far as my knowledge there is no official legal adoption in this case. This happened around 63 years back. Now, around 30 years back my original grandfather died leaving his property (partly ancestral and partly self acquired) intestate. Then around two years back by actual maternal uncles (four in number) had divided the property into four parts and sold it to a third party and some legal issues have arised and the third party had filed a case against my four maternal uncles and their sons and daughters. However, my maternal uncles won the case but they have concealed the fact from the Honorable District court that my mother is also a daughter of my original grandfather. This we came to know recently. Now my mother's step mother also died and her property (divided / given to her when my grandfather died) and the property had been divided among the four maternal uncles. Nowhere in the above cases my mother got her share. Now my question is whether my mother had got any share in my original grandfather's property (partly ancestral and self acquired) and my step grandmother's property (divided and given to her when my grandfather died). Whether it is legal that my four maternal uncles have concealed the fact from the Honorable District Court that my original grand father is also survived by my mother. What can we do to claim our share in the above properties in two cases ? Please give reference to IPC sections also, because I am being misguided by my relatives in this situation owing to some pressure from my maternal uncles.

2. Second situation - My father had got ancestral land property and self acquired property after my mother's marriage with him in 1969. The self acquired property is in 1999 / 2000. The ancestral property also is not properly partitioned. Out of, say, around 15 acres, my father got only 4 acres and 11 acres to my paternal uncle. (My father is under the evil influence of my paternal uncle and his family) In 1999 my father retired as headmaster of ZP High school in Andhra Pradesh and made my mother and me as family members in pension declaration forms. But due to some domestic and conjugal upheaval, my father neglected my mother and myself and left us to our fate. My mother is fighting Section 125 CrPC case and is still ongoing since September 2015. In Feb 2017, the Honorable District Family court granted IM to my mother, but till now she had never received a single penny. My mother is incomeless and is completely dependent on myself and my father. But my father is neglecting her and I had to look after her (In fact, I consider it my good fortune to look after her, for what she had done to bring / raise me up). Can she claim a part of my father's ancestral property and self acquired property ? If so, please give me strong references of IPC, as also in this case I am being misguided due to some selfish motives. Just to mention, my father had registered the whole 4 acres on my name in 2005. I had told my mother not to hesitate to file a suit against me and my father for her rightful shares of ancestral / self acquired property and maintenance. Please guide us.

Regards more  

Yours are very complicated cases and you cannot get any proper advice from this forum as all details are not available. You should also read some law books to get a grasp before being entangled in the grips of advocates ready to milk their clients. For example you state: a) Your grandfather died 30 years back. But did your father/mother take any action to claim their share? There is a doctrine of adverse possession - in case someone holds a property for more than 12 years without any challenge, then he can claim its ownership. Even the government uses this doctrine to grab properties. b) You say that your maternal uncles have misrepresented the facts in the court. Are you sure your mother had not signed any document waiving her rights in the property? c) You say that your father got only 4 acres and your paternal uncle 15 acres but you did not mention the market value - may be these land parcel may have equal value. Before closing I suggest that you estimate the value of property that you expect to win and whether the lawyers fees and other expenses would be worth it. more  
lawyer should be consulted. however, can also see decided case laws under Hindu law for partition of property more  
It would be wrong to provide legal advice based on hypothetical question, if you want proper guidance share complete details to enable us to guide you through. more  
I cannot comment on Case I . you should contact a lawyer at your Place .In case -II your mother has right over pension and the assets created by your father and in your ancestral property . You must consult a lawyer dealing in civil cases for pension. more  
Sir, you mean my mother has right in my father's ancestral property and his self acquired property ? If so, may you please enlighten with IPC Sections so that I may not be fooled by my so called relatives and some lawyers ? more  
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