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Deepak   03 May 2020

Legal rights in ancestors property

I am a hindu women, My father had ancestors property, he died in 1997, then the property was transferred to my mother's name, there are 3 members in my family, 1 brother, me and my sister, I want to know the way to claim my right in the property, also I want to know my claim is legal or not


Learning

 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 May 2020

CONSIDER THIS:
1. IF Property was "Ancestral" (has to be proved), THEN it has to be transferred in EQUAL proportions to ALL the residual legal heir of deceaseed.  There is no exception on this.

2. There is nothing that legally restricts you from claiming your right in Father's property, which might have to be done via a Civil Court litigation.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     04 May 2020

Dear querist,

Your father's property is transferred to your mother's name. You are entitle to your share in the property after your mother. You are legally entitle for property as you are legal heir of our father and mother.

Regards,

 

kavksatyanarayana (subregistrar/supdt.(retired))     04 May 2020

The property was not partitioned, though it is in your mother's name after your father.  So you, your siblings, and your mother have equal rights over the property.  so you can claim your share.

Mehbub Hosen   05 May 2020

m an advocate practicing since 11 years in high court ( Kolkata) and other civil court . you can contact me in my email id skmehbub.786@gmail.com

P. Venu (Advocate)     05 May 2020

How is that the property is ancestral? When and how it had been transferred to your mother's name?

Deekshitulu.V.S.R (B.Sc, B.L)     05 May 2020

I want the years in which yourself and your sister married.  When the propety was transfered by you father in the name of your mother?. Is she alive now?. How can you say that the property is ancestral?.  Since by the time amending Act of Hindu succession Act, came into force in 2005, as your father died earlier, then you have no claim in the proplerty. the rigts will accrue only after the death of your mother in equal halves to you and your sister.  You have no inherent righ.  that is why the years of marriages gains importance.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 May 2020

If your father died without making and publishing any Will,then after his death,his ancestral property has devolved upon his legal heir(your brother) and legal heiresses(your mother,you and your sister) and therefore you can always demand one fourth share therein and if the other cosharers are unwilling to give you your share in that undivided property,then you can file Partition Suit before the local Civil Court.

  However,you have told that after your father's death,your father's ancestral property was transferred to your mother's name.Kindly explain who had executed such Deed of Transfer in your mother's favour?  If your father died intestate,then after his demise there is no such possibility of your mother to become sole owner until and unless you and your siblings through registered Gift Deed transferred three of your shares in favour of your mother.Kindly clarify.

 


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