Ancestral property dispute
Querist :
Anonymous
(Querist) 25 March 2018
This query is : Resolved
We have a land property which was registered on my mother's name after 2005. My mother passed away in 2015. My father is still alive. we are 3 brothers and 1 sister, all are married.1,2,3 are bothers 4 is sister. I am 1st son in the family, i have obtained heir certificate which state my father and 4 kids are heir to inherit the properties on my mother's name. But 2nd bother has abandoned my father. We three are(1,3,4) taking care of my father. Now 2nd brother wants to divide the property now but we three kids and father opposing that and saying that can be done only after father's life. Please give your advice. Thx
Vijay Raj Mahajan
(Expert) 25 March 2018
Firstly this is not any ancestral property. It's in your mother's name so it was her self owned property.
After your mother's death, as she died intestate namely without making any Will with regards to the property, all her heirs including your father, you and your other siblings including 2nd brother inherited it by Succession.
If 2nd brother seeking his share in the property that you can't deny him. He can seek it by filling suit of partition and get it through court.
Ms.Usha Kapoor
(Expert) 26 March 2018
once THE PROPERTY IS PUT IN your late mother's name it becomes her self acquired property. When she died intestate her property equally devolves on your father and your four brothers and your sister. If you deny share to your 2nd brother he can enforce his right through partition and allotment of his share.by fling partition suit in court.
Querist :
Anonymous
(Querist) 26 March 2018
Mr.Vijay and Ms.Usha thank you for the valuable advise. No point settling this in the court we will give his share to my 2nd brother. My question is anything can be done for abandoning my father by 2nd brother bcoz since my mother passed away we three are taking care of my father. 2nd brother never calls him or sending any money for him. what if my father falls in serious illness who will bear all the medical bills. Thx.
Kumar Doab
(Expert) 26 March 2018
Property from mother’s side is not ancestral!
Apparently you are all Hindu.
And you have been grated legal heir certificate in accordance with provisions of personal law that applies in your case.
The said brother ha equal share in undivided property.
Since you are also willing to let him have his share then IT is indeed good.
If possible divide by boundaries and register the Family settlement deed.
Or buy his share or sell rest shares also to him..
Kumar Doab
(Expert) 26 March 2018
If he has not been caring/maintaining his father then father may seek quick, cost effective relief under provisions of ;
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf
and rules framed under the Act in your state..
Visit nearest tribunal and inquire…
Dr J C Vashista
(Expert) 29 March 2018
You are seeking obligation of experts FREE OF COST without disclosing your identity which is not permissible on this platform, no reply.
Kumar Doab
(Expert) 29 March 2018
You may post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
