shael singh (sales man) 03 July 2010

Ancestral property

my ancestral property khata got transferred in my mothers name after the death of my father , since then my mother is receiving all the rents from our commercial complex and she is purchasing properties on her name , has iam not in good term with my mother ,my younger sister and my younger brother.
they have become one and she is not willing to part with the rent with me

my question is

* how can i get my share in the property

* if yes will also be eligible for share on properties purchased in her name has she has no source of income other than rentals

* the procedure to file the case

Reply Follow

10 Replies

Adv Archana Deshmukh (Practicing Advocate) 03 July 2010

Give her a legal notice seeking partition and your share in the property. If she denies you can file a suit for partition and separate possession. You can also claim your legitimate share in the property which she have purchased in her own name from your ancestral property.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 July 2010

Very defficult sir, the moment the property has come to your mother it is no more HUF property and you have no right.

You have to prove that the properties belonged to HUF of your father and not his personal properties and earlier HUF was not partitioned which is impossible to prove.

In nutshell your mother got the properties owned by your father and so she is free to dispose it off in the manner she likes.

adv. rajeev ( rajoo ) (practicing advocate) 03 July 2010

File a suit for partition and seperate possesssion 1/4th share. You can also file an application to deposit the collected rent in the court.

You can also claim the share in the properties purchased by your mother. These properties are purchased by the income of the properties of your ancestors, it amounts to blending.

For further details you can call me.

adv. rajeev ( rajoo ) (practicing advocate) 03 July 2010

I do not agree with Sri Shashikumar.

adv. rajeev ( rajoo ) (practicing advocate) 03 July 2010

Being a legal heir of your father , after his death you are entittle to claim your legitimate share.

Madansingh Shekhaawat (writer & an editor) 03 July 2010

You can claim as the property belongs to your father and also other property which is developed from father's property income. Do not get misguided by immature guidance. BINDHAS go ahead!

Advocate Archana is perfect I suppose! Appoint a local advocate and keep seeking further guidance assistance for line of action from LCI.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 July 2010

Mr Mansingh Tanwar otherwise you are sending private messages and seeking my advice and here you are contradicting me.

Reagrding Mr Rajiv you agree or not you can not change ground situations. If father has disposed his property as per his sweet will no heir has any right.

The burden of proof will come on the heir who wants share that father was having HUF property and he had no right to dispose it as per his will.Only when person leaves property without disposing before death than only heir will come in picture otherwise not.

niranjan (civil practice) 03 July 2010

Mr. Shael is talking about ancestral property and not huf property.so I agree with Archana and raju.

Madansingh Shekhaawat (writer & an editor) 04 July 2010

Shashikumar Sir, I feel sorry if knowingly or unknowingly have hearted you,

What I feel legal provisions, have been put forth.

Please see that author have not mentioned of any WILL and it is specifically mentioned that the property has got transferred on his Mother's name as per ancestral law. Therefore it is his mothers mistake too to hide other legal heirs names while getting registered the papers and enjoying the fruits alone I suppose and as far as my knowledge is concerned.

I personally respect you for the confident way you express your opinion.

No grudges in future SIR!

Madansing tanwar.

Jyotsana (agency manager) 05 July 2010

just want to know how to get the registry of the property when we dontg know where r the papers in this regard we only have the serial number of the registry......