Son's rights in dead Mothers Parent Property

Dear Client, your situation is legally governed by a specific and important provision of the Hindu Succession Act, 1956, and the good news is that the law protects your right.
Your mother died on 21 July 2023, and your grandmother died on 27 May 2026 meaning your mother predeceased your grandmother. This triggers the concept of representation under Section 15 read with Section 16 of the Hindu Succession Act. A grandchild can inherit their grandparent's property only if their parent through whom they are related to that grandparent has died before that grandparent in such a case, the share of the grandmother's property that the mother would have inherited if alive will be divided amongst the grandchildren. This means you and your sisters are entitled to step into your mother's shoes and claim her share of your grandmother's property, divided equally among yourselves.
The property of a female Hindu dying intestate devolves firstly upon sons and daughters, including the children of any pre-deceased son or daughter, this expressly includes you. So the uncles and aunts cannot rightfully deny you your mother's share. Their claim that you are not entitled is legally incorrect.
On streedhana, specifically the grandmother's streedhana is part of her estate and devolves the same way as any other property under Section 15. Since your mother was a Class I heir and predeceased your grandmother, you and your sisters inherit your mother's share equally.
Now what what you have to do next is, first, send a formal legal notice to your uncles and aunts demanding partition and delivery of your mother's share within 30 days. If they refuse or ignore it, file a civil suit for partition in the local Civil Court claiming your mother's share in all of grandmother's property and streedhana. Courts routinely grant such claims where a parent has predeceased the grandparent this is a straightforward legal entitlement. Gather documents proving your grandmother's death intestate, your mother's death before grandmother, and your relationship through birth certificates and death certificates.
I hope this helps, and if you have any further issues, do not hesitate to contact us

 

Dear Client,

Under the Hindu Succession Act, 1956, your mother’s share in your grandparents’ property (including her Streedhan) automatically devolved on you, your sisters, and your father (if alive) when she died intestate, and your uncles and aunts cannot legally deny you that share even after your grandmother’s later death. If they are refusing to give it, you and your siblings should collect all documents (title‑deeds, death certificates, Streedhan proof, and tax/possession records) and file a civil suit for partition and declaration of title in the court where the property is situated, claiming that your mother’s share has passed to you and your sisters and seeking a decree directing division of that share and a temporary injunction against sale or transfer, and it is advisable to do this with a local property lawyer who can draft the plaint and manage hearings.

I hope this helps and if you have any further issues do not hesitate to contact us.