Ancesteral Property Dispute
sanjiv
(Querist) 08 July 2016
This query is : Resolved
My father died recently who was a retried govt servant. My mother is getting pension on his behalf. I am the only son (married) in My family with 1 elder sister (married), 1 younger sister (married) and 1 younger sister (un-married). My father bought a land plot for my elder sister in My village before his death. After death of My father, My elder sister has made a family list (vansawali) from court without My consent. I think she is trying to take share in My ancesteral land.
What will be her share in our ancesteral property/land as per law? What can i do to stop her as she always quarrel with me and taking money from My mother pension money. Please guide me.
sanjiv
(Querist) 08 July 2016
What steps should i take, plz guide
Kumar Doab
(Expert) 09 July 2016
The property seems to be self earned/acquired in the hands of your father.
Your father/your family members seem to be Hindu.
ClassI legal heirs of Hindu male are spouse and sons and daughters.
All have equal share in property.
Settle the matter amicably and avoid bitterness.
The family list (vansawali), death certificate is required for recording inheritance ( Virasat Ka Intkaal) in all ClassI legal heirs name.
If family list (vansawali) is wrong you and anybody can contest it.
If family list (vansawali) is not wrong then your sister has committed NO wrong.
Similar query has been recently discussed at:
http://www.lawyersclubindia.com/experts/Supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property-606776.asp
Rajendra K Goyal
(Expert) 09 July 2016
In whose name the property, bought by your father, stands?
If it is in your fathers name and father did not leave any will, it would be inherited by your sisters, you and your mother equally.
For getting heir-ship letter / vansavali, your sister does not need your consent.
If some other property is ancestral, get the position checked from local lawyer.
Pension belong to your mother, your married sister has no claim on it.
Guest
(Expert) 09 July 2016
Property, if purchased by your father cannot be treated as ancestral property.
You have not mentioned whether the property was registered in the name of your sister or your father.
You have also not mentioned for what purpose vansawali was prepared by your sister.
Please clrify these points.
So far as the family pensione being received by your mother, nobody can claim any share rightfully from the amount of that pension. Your mother can use that amount in any manner she likes or give to any person.
sanjiv
(Querist) 10 July 2016
Thank you all for your good suggestions.
sanjiv
(Querist) 10 July 2016
Is the married sisters have the equal share in the all property made by My father.?
