Will
Sushma
(Querist) 05 September 2013
This query is : Resolved
My mother inherited a piece of land from her father, on which her name is there on 7/12 extrat.
My mother has made her 'Register WILL'in which she has given the land to me and my sister equally.
Now my question is will my brother also has a right to ask for the share in that property as it is an inherited land of my mothers from her father?
The property is not her self acquired, it is among her 7 brothers and sister. but her (my mothers)share is also there in the same property of 1 acres .
The property is inherited from her fore- father to her father and then to 8 members (brothers and sister of my mother).Out of the 8, One is my mother.
High Court has assign 8 acres of land to her father from his ancestral property.
plz help
thanks
ajay sethi
(Expert) 05 September 2013
your brother wont have any right to ask for share . i presume your mother has inherited self acquired property of her father
Sushma
(Querist) 05 September 2013
Dear Sir,
The property is not her self acquired, it is among her 7 brothers and sister. but her (my mothers)share is also there in the same property of 1 acres.
The property is inherited from her fore- father to her father and then to 8 members (brothers and sister). )Out of the 8, One is my mother.
High Court has assign 8 acres of land to her father from his ancestral property.
Dr. Jyothi Vishwanath
(Expert) 05 September 2013
Property inherited by the mother from her father's side is not ancestral in nature. So both the sisters will be full and exclusive owners of the property and brother will have no right in it.
For more proper clarification, will you please tell when she inherited the property. Who were the other heirs who inherited the property along with the mother?
Rajendra K Goyal
(Expert) 05 September 2013
Information sought by the expert Dr. Jyothi Vishwanath need to be given for reply to the query.
Sushma
(Querist) 06 September 2013
Dear Madam,
According to the high court Decree, which was received in 1995, My mother's father who was not alive then, hence his 8 children was given equal share in the property along with their name in the decree.
The case was filed by her father against his father,brother,sisters. ( my mothers grand father, her Uncle, her Aunty's) in the year 1984.
The other heirs are my Mother's brothers and sisters.
thank You Very Much
plz. help.
Dr. Jyothi Vishwanath
(Expert) 07 September 2013
Property received through decree is treated as self-acquired property of mother and she is absolute owner of it under Section 14 of Hindu Succession Act, 1956. So she can gift it to her daughters. The gift will make the daughters full owner of it. Her son has no right in it.
