Inherited property
Querist :
Anonymous
(Querist) 17 April 2010
This query is : Resolved
We are three brothers and three sisters. My father possessed some inherited property and he sold a about 30% of it before his death and also made a will that after my death my mother and we three brothers all will have will have each 25%share in the leftover property. Before his death he also transferred a shop in the name of one of my brothers, which he acquired through HUDA allotment. My query is that how mothers share is justified, when father sold his share, secondly how we can put claim for the shop transferred in the name of one brther?. Thanks
R.R. KRISHNAA
(Expert) 17 April 2010
As you say that the property is inherited it means as ancestral property which your father has no right to sell 30% to someone without all of your consent.
Since the shop has been acquired by your father through HUDA allotment it is his self acquired property which he has transfered to his son. This is valid and cannot be challenged. You cannot put claim on the shop which now stands in the name of your brother.
Your mother is also one of the legal heir in the family her share is independent of the share of your father and she is entitled to for a share.
Querist :
Anonymous
(Querist) 18 April 2010
Thanks for the reply and guidance in this connection.Please make it further clear that my father sold the share without my consent, though i am the eldest son. Secondly mother could have family share only due to father's wife, when father has sold his share , will it be her legal right to have family share at this stage. Please clarify. Thanks
Querist :
Anonymous
(Querist) 19 April 2010
Please also make it clear that how a lady (mother) can have share both as wife in the inherited property of her husband as well as daughter in the property of her own parents. I think in case of encestral property my mother should not have any share as my father has already sold his share. If true, please quote some SC/HC ruling in this regard. Thanks.
