Share in property
norwell
(Querist) 23 August 2013
This query is : Resolved
my mother is only daughter of her parents after the death of my grandmother my mothers father sold the property to his brother without any concern of my mother.And has made a deeds of will.WE are a catholic family so what can we do to get are share as this property is an ancestral property.
adv. rajeev ( rajoo )
(Expert) 24 August 2013
A woman is the absolute owner of wealth and property. She alone has the right to transfer or alienate property.
On the death of a mother, if there is no bar, the youngest daughter succeeds to her position and becomes the custodian of her mother’s property.
Those who convert to another religion lose all rights to ancestral property.
The wealth of the father and mother are clearly segregated as separate entities.
Some interesting Garo laws of inheritance are:
Inheritance is through the mother. The male heirs cannot claim any part of the property even if it is acquired by their own efforts. A typical Garo family’s property is vested in the wife. A husband cannot sell or mortgage the property without her permission. If he does so, the sale would be considered invalid by Garo customary laws.
If the mother dies, the father becomes the natural guardian of the children. If he remarries a girl from another clan, one of his sisters-in-law become becomes the guardian of the children and the mother’s property till the question of the heiress is settled.
Wills are not recognized by Garo customary laws.
norwell
(Querist) 27 August 2013
we are a roman catholic family and my grandfather has made a deeds of will and given it to his brother without my mother concern, we went to the lawyer and he said that catholic daughters dont have a any right in the property.AS it is the ancestral property and my mother the only daughter, how we need to go about with it please help me
