Mother's right on deceased son's ancestral and self acquired property
Silpa
(Querist) 13 August 2011
This query is : Resolved
My mother is unemployed.I am the only daughter of my parents.My father passed away in 2005(Dec 10).My father have four brothers and a sister.Ancestral property was divided without the knowledge of my father and he was given 12 cents with no route to enter it.Now that my father is no more, my grandmother who did not even care how we are struggling to live after my father's death are threatening to take a share of all my father' property.As mentioned earlier she have four other sons and is also a pensioner.My question is does she have any eligibility in my father's share?(According to the will(written before 1997) of my grandfather(he died in 1999) ,12 cents went to my father and after my father's death ,we transferred it into our name(me and my mother's).
Raj Kumar Makkad
(Expert) 13 August 2011
Your grand mother has got 1/3 share in the properties left by your father as per HSA so her threatening has legal base.
If partition was uo-moto was made inconvenient to you then it can be got challenged and at par facilities may be ensured from revenue authorities.
Silpa
(Querist) 13 August 2011
Thank you for the prompt reply sir.
1.May I know more about the Hindu Succession Act or where I can read it unabridged to know about mother's right to son'property.
How will my grandmother be able to get the 1/3 rd share?Does she need to put a case in the court or are there much simpler ways?
2.Also my grandmother and my father's brothers were utilizing our house (when we were away for about 12 years) for money by giving it for rent and our rubber plantation for 12 years and they did not give us anything .
They cut all the trees from my father's ancestral property(which is in my and my mothers name) and utilized the land for their own farming purposes ,also they incinerated dead body without our consent.
3.I also heard that the grandmother need to prove that she dont have any income.But in this case she has pension.And she lives with the youngest son .Does she still have a right on my father's property?
4.We are in debt and facing severe financial problems.I never got any help from my father's family.My father was never given justice .
R.Ramachandran
(Expert) 13 August 2011
Dear Silpa,
I would advise you to down load "Hindu Succession Act, 1956" from any of the websites, by visiting google.co.in and typing the words given by me in quotes.
Please go through Section 8 of the Act and Schedule-I to the Act.
You will find answer to your query.
Raj Kumar Makkad
(Expert) 14 August 2011
I ALSO ADVISE YOU TO FIRST GO THROUGH ACT AND THEN RAISE QUERY IF REQUIRED.
Rajarshi Bhowmik
(Expert) 15 August 2011
Completely agrees with Mr Makkad.In addition I would say It might be unfortunate from your side but it is true that your grand mother has 1/3 share in your fathers property and after her death all of his son will have equal share on that 1/3 share. As you have mentioned you have already transferred your fathers property in your i,e. in your and your mothers name not giving her share to your grand mother and with out her written and registered consent it is totally bad in law and so nul and void It also makes you liable for criminal offense under specific sections of law. Remember ignorance or no knowledge of law is not an excuse. More over please note for this offense even after your grand mothers death your other uncles will be at liberty to initiate criminal proceeding against you. For any furtherance visit to www.rajarshibhowmik.webs.com
Silpa
(Querist) 15 August 2011
May I know the procedure of getting the consent of my grandmother and what all to include in the document for registering?n the
Does she have share in self acquired property of my father?
Also it seems that after her (grandmother) death ,I (granddaughter) do not have any right to her property?Am I right?
May I also know the specific sections of law that they may use to give a case against us?
Silpa
(Querist) 15 August 2011
May I know the procedure of getting the consent of my grandmother and what all to include in the document for registering?n the
Does she have share in self acquired property of my father?
Also it seems that after her (grandmother) death ,I (granddaughter) do not have any right to her property?Am I right?
May I also know the specific sections of law that they may use to give a case against us?
Silpa
(Querist) 15 August 2011
May I know the procedure of getting the consent of my grandmother and what all to include in the document for registering?n the
Does she have share in self acquired property of my father?
Also it seems that after her (grandmother) death ,I (granddaughter) do not have any right to her property?Am I right?
May I also know the specific sections of law that they may use to give a case against us?
R.Ramachandran
(Expert) 15 August 2011
In regard to the share in your deceased father's property, your grand mother can give a Registered Relinquishment Deed (relinquishing her interest in the property left behind by your father) in favour of either you or your mother.
When your grand mother dies, and if she dies without leaving any WILL, then in that event, you are also entitled to get a share in the property (both immovable and movable like jewellery, bank balance, Fixed Deposits, shares in the companies etc.). When she dies without leaving a WILL, all her legal heirs will get equal share. Her legal heirs are all her son(s) and daughter(s). The deceased son's (i.e. your father's) share will go the sons/daughters of her deceased son.
THEREFORE, YOU WILL DEFINITELY GET YOUR SHARE, in case your grand mother dies without leaving any WILL.
