About family properties regards.
ravi
(Querist) 27 April 2012
This query is : Resolved
Mother has one daughter and son. The properties are in the name of the mother though the father is alive. Whether the son has the inheritance right to the property or the daughter alone has inheritance right.The father sold his ancestral property in his native place and acquired the property in another place and registered in his wife’s name.
Adv.R.P.Chugh
(Expert) 27 April 2012
Dear Querist,
Since admittedly the funds for the property come from the joint family property sale proceeds, and is only held benami in name of mother, the property is impressed with character of joint family property, in which son/daughter/father have equal shares each even during mother's lifetime.
Anirudh
(Expert) 27 April 2012
Dear Mr. Ravi,
You say that your father sold the 'ancestral property'.
The answer to your query would largely depend upon the answer to the following query:
What is the basis on which you say that the property which your father sold was 'ancestral property'.
Please give the details about the property - as to where from / from whom your father got the property etc.,
When did he get the property?
Depending your reply, I may ask some more queries to get clarity before providing my views.
ajay sethi
(Expert) 27 April 2012
agree with anirudh
Sankaranarayanan
(Expert) 27 April 2012
i agreed with mr bharat chough , all are have equal right on it
Anirudh
(Expert) 27 April 2012
Dear Mr. Sankar Narayanan,
With due respect, can you please indicate as to what is the basis for your saying so?
Have you satisfied in the first place that it is an 'ancestral property'?
Without satisfying oneself on the correctness on this first point (statement by the querist is not enough since in most of the cases the querists have their own notion about the ancestral property) how can one reach any conclusion?
Therefore, can you please clarify.
adv. rajeev ( rajoo )
(Expert) 27 April 2012
How the mother acquired the property? If it is her self acquired property no one has share in that property.
In the ancestral property of the father son and daughter have got share.
Shonee Kapoor
(Expert) 27 April 2012
If the property bought is from the ancestral funds, it would have the nature of ancestral property only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 29 April 2012
If some one says that "Moon is more useful as it gives light in the night when it was dark, but sun is useless since it gives light when there is already light available" it is a fallacy. It is a fallacy of false cause. Because, the person ignores the fact that the light during day is not despite the sun, but because of the son. As the person things that the light during the day comes from somewhere else than the sun itself, he thinks that sun is useless because it tries to give light during day when there is already light!
Similarly, if some one assumes or believes that a property is an 'ancestral property', one has to first question that assumption and belief and come to a legal conclusion whether in reality that property is 'ancestral' or not. Only after coming to such a conclusion any definite opinion can be given to a query.
Simply saying that if it is ancestral, then any property acquired through ancestral property will also be ancestral is elementary school knowledge. What is first and foremost important to know is whether it is 'ancestral' to begin with.
I am afraid, many of the Experts are only grazing on the top rather than going to the root of the matter. Such attitude and approach does not serve any one much less the Expert himself.
prabhakar singh
(Expert) 29 April 2012
It appears that it is this statement of yours that causes you to think that property in mothers name is ancestral"The father sold his ancestral property in his native place and acquired the property in another place and registered in his wife’s name."
But unfortunately you are not getting what with very wisdom Mr.Anirudh is conveying not only to you but to experts too.
