Ancestral property
c k pathak
(Querist) 04 March 2017
This query is : Resolved
My mother had purchased a plot. I have built a house on that plot with loan. I am repaying the loan from my salary. My children are threatening to out me saying it an ancestral property.
Can my son and daughter claim right?
Guest
(Expert) 05 March 2017
Plot purchased by your mother can't be treated as ancestral property. Let them file a case in the court to prove the property to be ancestral.
If they venture to throw out forcibly, you may file complaint in police. They can't throw you out.
Guest
(Expert) 05 March 2017
Usha ji,
Thanks for agreeing with me.
Guest
(Expert) 05 March 2017
Tell your children if they don't behave properly , there are new series of law for senior citizen mostly
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
They will be out of house and as Senior citizen you can take dist. legal aid cell help which offers free /concession fees from senior citizen and they have remove money from their pocket (which will be from their own earning ) and run the case for decades.
Tell them better be good children easiest way to solve problem
Guest
(Expert) 05 March 2017
To explain legal situation
This is new law
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
It helps all senior citizen , This is social law which even over rules all other subjective law of property transfer etc.
With this law you get more protection specially from your own children , if they try to throw you out from house ,
Situation is such my interpretation is that this law helps senior citizen protection in house which is even self earned by their own children.
Means if Son earns and purchase house , and he says tomorrow I will throw you from my house and you will be begging in street , In such case this act have taken care of senior citizen , and you can get help from dist. legal cell free and get things done straight permanently
Rajendra K Goyal
(Expert) 05 March 2017
The property is not ancestral.
You can move as advised by the expert Madhu.
Guest
(Expert) 05 March 2017
Agreed with Madam RK Goyal
Kumar Doab
(Expert) 05 March 2017
It is believed that you are all Hindu.
The property from Mother's side is not ancestral.
Kumar Doab
(Expert) 05 March 2017
The self earned/acquired property of Hindu Woman devolves upon her;Husband, sons and daughters..............
You are your mother's legal heir.
In case of disputes: irrefutable evidence helps......like for threats,ill treatment....
If you are senior citizen then there might be a senior citizen helpline arranged by Police at your location also.
