Paternal ancestor property
Kavitha Singh
(Querist) 16 February 2013
This query is : Resolved
Hello,
I have a query..... my father's Nanaji brought a property in Bangalore and gave it to my father's mother and later on it was divided between 3 brothers (i.e. is between my father and his 2 elder brothers), my father constructed the house in his portion. our parents has 2 daughters i.e. me and my younger sister and we both sisters have one child each my sister has daughter who is 20yrs now and I have a son who is 19yrs. My father passed away 10yrs ago I would like to know after him can this property belong to my mother rightfully. Please do help me in this regard.
Thanking you,
Regards,
Kavitha Singh. V
Deepak Nair
(Expert) 16 February 2013
Your mother, you and your sister have equal right on the property.
prabhakar singh
(Expert) 16 February 2013
The house so left by your father,if he died intestate shall be inherited by his widow(your mother)and you two daughters and each of you have 1/3 rd share in it. In order to give full ownership of the house in favor of your mother you two sisters would need to execute a registered relinquishment deed paying stamp duty prescribed by KARNATAKA which is often nominal in these kind of maters.Your son or your sisters' daughter have just now no claim in the property.
However if you intend only mutation exclusively in your mother's favor before municipal or development authority,as the case may be,only consent in writing before authority shall serve the purpose.
Deepak Nair
(Expert) 16 February 2013
Effectively elaborated by Prabhakar Singh Ji
Rajeev Kumar
(Expert) 16 February 2013
Prabhakar sir has elaborately throws light on your query.
Kavitha Singh
(Querist) 20 February 2013
Thanks a lot for all of you sir.
I have one more query; My sister and my mother forcibly took a signature from me and my husband on Rs. 100/- stamp paper twice i.e in the year 2003 and 2006, Stating that I don't have any share in that property and they tried to sell it of in the year 2007 with out our knowledge by showing those papers but the buyer asked my mother call us if we are alive and the buyer asked as to sign on the sale deed I did not sign on it. Again they are back of me. My query is are those paper valid or not.
Thanking you,
Regards,
Kavitha Singh V
Deepak Nair
(Expert) 20 February 2013
No.
You should execute a deed of release or relinquishment of your share. Such deed should be registered.
the documents as mentioned in your query with only signature is not valid.
prabhakar singh
(Expert) 20 February 2013
Even if any QUIT deed is fabricated by them on those stamp papers,they are of no value in law for want of registration.
It was this reason that the previous intending buyer insisted for your signature on his proposed sale deed.
Kavitha Singh
(Querist) 20 February 2013
Thank you very much Deepak Nair sir and Prabhakar Singh sir.
Deepak Nair
(Expert) 21 February 2013
You are always welcome.
Such queries help us polish ourselves.
Kavitha Singh
(Querist) 13 March 2013
Sir,
Just few days back I came to know that my father has made a will. (That too my mother made it and forcibly asked my father to sign it on the will), will was done in the year Dec 1999. The house which is constructed in my father’s share has 3 floors Ground, 1st and 2nd. Ground floor belongs to my sister and 1st and 2nd belongs to me. Apart from this property, my father has made other properties as well, in Bangalore, in those property I do not have any share. (As per the law self earned can be given to any one so she has made a will in this way).
My father has mentioned that my mother can enjoy that until she is there, later on those 2 floors should be given to me. I can stay there or sell out but the entrance is common to both of us. (Actually there are 2 separate entrance still she has made this purposely)
My son expired on 6/6/2012 after this my health is not that good every now and then I see ups and down in my health.
My question is in case something happens to me will this property belongs to my husband or it goes to my sister and mother. Why I am asking you is my mother she keeps telling me indirectly in front of relatives in the gatherings…….. path nahi yeah manush kab maregi intazaaar hai usdin ka aur saari proprety mayri aur mayri chotti beti ka hojayaga.
ajay sethi
(Expert) 13 March 2013
if as per father will you are a legal heir and that you shall have right on 2 floors then on your death your share will be inherited by your legal heirs ie your mother , husband . to be on safe side make your will if you are apprehsive of the future . contact a local lawyer
Kavitha Singh
(Querist) 28 March 2013
Thank you very much Ajay Sethi Sir.
Kavitha Singh
(Querist) 03 April 2013
Hello,
As per Ajay Sethi Sir's advice my husband had contacted the local lawyer in bangalore. He said itseems that I can not do will on that will. As per him my mother doesn't have any right in that property and as per Karnataka law ancestor property should belong to me and my sister, he said that my mother has cheated on us. Since the poprerty is not yet rigestered in my name nor in my sister's name, it is in my mother's name.
I request all the experts here to help me on same.
Thanking you,
Regards,
Kavitha
