inheritance
Querist :
Anonymous
(Querist) 18 July 2011
This query is : Resolved
I am a Hindu belonging to Kerala. My father died intestate leaving behind ancestral property.mY SISTER IS MARRIED . aT THE TIME OF MARRIAGE SHE WAS GIVEN PROPERTIES WHICH WERE SELF ACQUIRED PROPERTIES OF MY FATHER.
nOW MY FATHER HAS PASSED AWAY LEAVING BEHIND MY MOTHER , MYSELF AND MY SISTER.
MY BROTHER IN LAW AND SISTER HAVE FORCEFULLY OCCUPIED MY FATHERS PROPERTY AND HAVE THREATENED MY MOTHER AND FORCED HER TO SIDE WITH THEM
SINCE IAM ALSO ENTITLED FOR A SHARE IN THE PROPERTY WHAT SHOULD BE MY COURSE OF ACTION ? DOES THE LIMITATION LAW HAS ANY RELEVANCE?
Raj Kumar Makkad
(Expert) 18 July 2011
Your legal right in all the properties left by your father cannot be taken w
away by anyone including your mother and sister. You should obtain all the documents of the properties left by your father and then should file a civil suit suit for partition and possession. Definitely you shall get separate share having no connection with the shares of your mother and sister.
R.Ramachandran
(Expert) 18 July 2011
As rightly mentioned by Mr. Makkad, whether it is ancestral property or self-acquired property of your father, your share cannot be denied. Even your mother cannot deny your share. At best, your mother can (under pressure) give away her share to your sister, but not your share.
In any case, you have to come out with lot more details like (i) what is the basis on which you say that certain properties are ancestral? (ii) when did your father die.
Querist :
Anonymous
(Querist) 19 July 2011
Thank you Mr Ramachandran& Mr Raj Kumar Makkad
The Entire estate Of my deceased father is Ancestral Property. He had already given his self Acquired property to my sister during her marriage
My father passed away in 1999
R.Ramachandran
(Expert) 19 July 2011
Since your father died in the year 1999, the ancestral property will get partitioned automatically by operation of law (Section 6 of Hindu Succession Act, 1956).
1/2 share will go to your father and 1/2 share to you as coparcenars.
Since your father died intestate, his share will go by way of inheritance equally amongst all his legal heirs viz., his widow (your mother), you and your sister.
There can be no doubt about the above sharing position.
Accordingly, you have to get the property partitioned. In case your sister and brother-in-law are not amenable, then you have to approach the Court of law by way of suit for partition and get your and your mother's shares.
If your father had given away or sold his personal properties for the purpose of or at the time of marriage of your sister, you cannot question his actions. Being his self earned property, he had every right to do whatever that he wanted to do with the same.
