Rights?
Anup Vinay
(Querist) 19 November 2015
This query is : Resolved
Hello,
My Query is..
I am the eldest son and two younger sisters. Our Father & Mother is deceased with NO will. And Property is in Mother's name.
First younger sister has ditched all family members and ran-away and got married to different cast. (10 yrs ago)
Second younger sister converted-to-Islam (1.5 yrs ago)
And, I am looking after this building. After parents, I have invested lot of time and money on this building and business runs in the same building. My career, My food and my shelter is all in this building.
Now, both sisters are claiming the property.
1. Is there any Justice for this?
2. On what rights they can claim this property?
3. Second younger sister converted-to-Islam has any legal right on her Hindu mother's property?
Please Help. Please Help. Please Help.
P. Venu
(Expert) 20 November 2015
Your sisters have a legitimate and equal share in the property.
Rajendra K Goyal
(Expert) 21 November 2015
Your sisters have right in the property and they can claim it legally.
Try for amicable settlement.
Anup Vinay
(Querist) 21 November 2015
Second sister who is converted-to-Islam lady has any legal right on her Hindu mother's property.
Guest
(Expert) 21 November 2015
The nature of query in itself suggests that it is only your academic question, i.e., one sister ran away and the other converted to Islam.
Since it is merely an academic query of yours and no property is involved, what is the harm even if you give the whole property to both of your sisters. Why to think only about their due shares.
K.S.Srinivas
(Expert) 22 November 2015
Both your sisters have legal right to claim their share.
Anup Vinay
(Querist) 23 November 2015
Thanks everyone.
Some said Section 26 in The Hindu Succession Act, 1956.
Convert's descendants disqualified.
What is this Act?
Anup Vinay
(Querist) 23 November 2015
So, daughter's can do anything they want.
Son who has taken care of father
Son who has taken care of mother
Son who has taken care of Home
Son who has taken care of Business
Son who has taken care of Financial part
is all for a give up one day because the Act says daughter's have rights.
They claim parents side as well as husband side.
Who is going to give us the right for what we have done.
V R SHROFF
(Expert) 23 November 2015
ANUP,
YOU MUST ASK THESE QUESTIONS TO THE LAW MAKER [ THE M.P. PARLIAMENT , WHOM YOU GAVE RIGHT TO ENACT LAWS. ] NOT TO LAWYERS WHO ONLY PRACTICE LAW AS MADE IN PARLIAMENT.
M.P.s ARE ready to do anything that pleases their vote bank, consisting of lots of women & ewaker sections...They give them power to make laws, not we...
We Lawyers are duty bound to help enforce Laws made by power hungry Politicians.
RIGHT OR WRONG !!!!
LAWS ARE MADE BY MAN,, NOT GOD
EARLIER TO 1955, THE LAWS BY MANU SMRUTI, THE RELIGIOUS KINGS, AND GOD FEARING HINDU KINGS ..
WE KNOW THIS WILL BRING DISASTROUS RELATIONSHIP OF BROTHER AND SISTER, PARENTS AND SON
UPSET THE WHOLE FRAMEWORK OF HINDU HOME.
WERE OUR ANCESTORS FOOL??
OR WE ARE FOOL ??
WERE THEY CORRUPTED AND POWER HUNGRY?? OR WE??
LAWS WERE FOR PEACEFUL SOCIETY, FOR JUSTICE,
WHO WILL SUPPORT WIDOW NOW?? HER BROTHER?? HER IN LAWS??
WHO WILL HOSE THE DESERTED??
WHO CARES??
THEY CARE THEIR CHAIR..
Anup Vinay
(Querist) 23 November 2015
Well said Mr. Shroff and Thanks for responding. As you have said laws are for peaceful society and for justice.
But, for me as a son I'm really not getting a justice. Where should I go. What should I do with this kind of injustice happening with me.
V R SHROFF
(Expert) 23 November 2015
WE HAVE TO ADJUST OURSELVES WITH THE LAWS OF THE LAND.. THERE IS NO ESCAPE..
BEAR IT .
GOD IS GREAT AND WE ALWAYS GET WHAT WE DESERVE. NO INJUSTICE THERE.
WAIT & WATCH .
Guest
(Expert) 23 November 2015
Dear author,You had referred Sec 26 of Hindu Succession Act 1956.Your self could read it fully and get the answer for your query.It is there in Google.
Hemant Agarwal
(Expert) 25 November 2015
1. Entire Property CANNOT be claimed by sisters, in the absence of "WILL" of property-owner (Mother).
2. Sisters at the most can file civil matter for "Partition of the Property", for their individual ratios, which would be very very difficult & long years.
3. IF you are in "sole possession" of the immovable property, THEN remain so and DO NOT allow ANYBODY, to enter the property, without a "Court Order /Decree", irrespective of any criteria.
4. IF you can documentarily prove that property is an "ancestral property" and/or NOT self-acquired property by mother, THEN using various parameters, the sisters rights to the property can be truncated out.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Anup Vinay
(Querist) 02 December 2015
Thank you Mr. Hemant Agarwal,
Anup Vinay
(Querist) 02 December 2015
One thing I would like to ask everyone, both sisters have own property (Shelter) both are working (food) in-spite of this they want my only shelter my food my business which all in the same premises.
Law is for protection for a women justice agreed, but what injustice is happening for a man in my case
where is the "JUSTICE"?
How can LAW do Justice on one side and Injustice on other side?
These kind of women are taking the advantage of the rights and doing all sort of nonsense.
Where should I go what should I do.
Anup Vinay
(Querist) 07 February 2017
Can anybody help in this regard, Please.
Guest
(Expert) 07 February 2017
This is Lawyers Forum and First you should Mind your Language while Posting any thing.Only a Legal Guidance and Clarification Could be provided here and you should only discuss with your Good Advocate to Seek the Loop holes.All the Legal Heirs Your Mother.Your Sisters and your self Have Equal share in the Property of your father.its mere waste of time discussing about your Sister's religion etc.If you had spent on the building it is out of your wish and you should have done such things after Partition only.Better Seek some Amicable settlement On Saying Please
Anup Vinay
(Querist) 07 February 2017
Thank you for your sarcastic answer Mr. Rajkumar.
Guest
(Expert) 07 February 2017
Author/Querist Mr.Anup Vijay Could you Point Out what is "Sarcastic" in my Reply Please
