Setelment
krg
(Querist) 30 December 2013
This query is : Resolved
sir i am only daughter for my parents aged 22 my mothers father and mother are alive my mother has two elder brothers my grand father is an agriculturist
he has got the property from his father he sold some part of land and build a house the two brothers made my mother and her father and mother to sine a family property settlement giving only 10%of the total property
where as my mother has a wright equal to male children
the settlement is registered is it possible for my mother hes equal share
Devajyoti Barman
(Expert) 30 December 2013
If the property settled by family deed is in relation to ancestral property then certainly your mother challenge the same and ask for partition to get her due share.
Rajendra K Goyal
(Expert) 30 December 2013
For self acquired property the owner can dispose property as per his wish.
For ancestral property you mother has a share and can be claimed.
Biswanath Roy
(Expert) 30 December 2013
You can claim your share in the ancestral property by filing a Partition Suit along with an injunction petition restraining your mother and his brothers from alienating, transferring and/or otherwise encumbering the suit property in any manner whatsoever till disposal of the suit.
ajay sethi
(Expert) 30 December 2013
what basis you say property is ancestral ?
krg
(Querist) 30 December 2013
the properties are bought from selling forfathes property
Biswanath Roy
(Expert) 30 December 2013
Let me know the following :-
1. Who was/were the buyer/buyers of the properties fallen under the family settlement?
2 What do you mean by saying ancestral property? Ancestors from maternal side or Ancestors from paternal side? DISCLOSE
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
From your vague query without proper details, a proper suggestion/opinion cannot be rendered, please answer the queries raised by experts first.
Advocate Ravinder
(Expert) 04 January 2014
By your query it seems that your mother got the ancestral property from her ancestors. The ancestral property fallen to the share of a woman will be treated as a self acquired property and she has every right to make family arrangement with her brothers. You cannot challenge.
Biswanath Roy
(Expert) 04 January 2014
Mr. Ravinder P is right. I also apprehended the same status of her mother.
krg
(Querist) 06 January 2014
Author : krg
Posted 7 days ago
sir i am only daughter for my parents aged 22 my mothers father and mother are alive my mother has two elder brothers my grand father is an agriculturist
he has got the property from his father he sold some part of land and build a house the two brothers made my mother and her father and mother to sine a family property settlement giving only 10%of the total property
where as my mother has a wright equal to male children
the settlement is registered is it possible for my mother hes equal share
ajay sethi
(Expert) 06 January 2014
your mother has duly accepted family settlement . signed the same and accepted 10%share . it is necessary to go through settlement deed signed by your mother
Devajyoti Barman
(Expert) 06 January 2014
you better let us know the content of family deed of settlement.
