Inheritnence of self generated property of father after his death
prashanth
(Querist) 11 August 2014
This query is : Resolved
Dear sir(s),
My father has recently expired and has some self generated (Not inherited/ancestral) property left behind without writing any registered will .What should we do to inherit such property.We are two sisters and one brother(Iam the daughter).I was reading the Hindu succession act,1956 where it was stated that the right to inherit the property lies with Class I (Son,Daughter,Widow) decendants.
Now lawfully who will the owner of the properties, will it be my mother/brother/equal share among 4
Further, some properties are in the name of mother also, we are afraid that my brother will make her sign some legal papers and transfer the property into his name without her knowledge & willingless. What can we do legally, to prevent my brother from taking such eratic steps and protect the intrest of mother.I would be greatful if you could quote some references to any law..!!
ajay sethi
(Expert) 11 August 2014
you have 1/4th share in father property. if your mother is absolute owner of some properties she can dispose it as she pleases . she can execute gift deed or sell it or bequeath it under a will .
Kumar Doab
(Expert) 11 August 2014
It is believed that you are Hindu and Hindu succession laws shall apply.
Agreed with Mr. Sethi.
Raj Kumar Makkad
(Expert) 12 August 2014
So far as the properties left by your father are concerned, you all 4 are having equal share and either of you can approach to the local civil court seeking partition and possession if no mutual consensus arise.
So far as properties standing in the name of your mother are concerned, you can persuade your mother to gift the same equally among her 3 children in equal share during her life time or may persuade her to execute a registered will.
