Rights of children in Mother's successionary property
sunildatta akole
(Querist) 06 December 2009
This query is : Resolved
A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.
niranjan
(Expert) 06 December 2009
You can claim from 1/3rd share of your mother.
Adv Archana Deshmukh
(Expert) 06 December 2009
A along with his 2 sisters should file a suit for cancellation of sale and partition against B's brothers and also make C a party to it.
sunildatta akole
(Querist) 06 December 2009
But there name is entered in the column of Other Rights in 7/12 extract. even though they have a right to claim 1/3 share. and if so ? to whom they have to issue notice and on what ground? please reply urgently.
sunildatta akole
(Querist) 06 December 2009
whether he can filed any criminal case against all of them.?
niranjan
(Expert) 07 December 2009
Though your querry is replied earlier,however I would like to add that no title is decided by simply entering /the names in record of right or 7/12,but when your name alongwith sisters are included,your stand is supported by that entry.Your Mama could not have sold your mother's share and so the sale is not binding to you.You can file the suit for partition and also pray for injunction against further alienation by C.
