Ancestral property

Not a legal question. Should be handled personally by medium of talk.

Thank you.

The legal heirs of the deceased father are entitled to a rightful share in the properties he left behind upon his intestate death.

The properties namely p1 to p5 are the properties identified as the properties left behind by the deceased mother

The properties c1 and a1 are on the mothers' name, hence during his lifetime no one can claim any share in it as a right.

The legal heirs namely s1 and s2 can file a suit for partition seeking partition of properties of their deceased father by metes and bounds and for separate possession of thier share considering good and bad soil against other legal heirs who are not cooperating to this situation.

An injunction petitioon may also filed to restrain s3 from further renovation activities. 

Thank you so much for the response. 

You are welcome for your appreciations. Please remember that it is not an ancestral property. 

Thank you so much for taking time to respond.

Mom is alive but under the control of s3. 

Properties P1 to P5 are under the name of Father, Grand father and Great Grandfather (on Father's side, NOT on Mother's side). 

s1 and s2 do not have any of the documents related to the properties P1 to P5. s3 has all the documents, laminated and secured. Since Mom is under his control, whenever s1 asks for the documents, she says that she is not feeling well. 

Since s1 and s2 do not have any documents, Is it wise to file a suit or injuction petition against Mom/S3?

could we get a rough idea of how much is to file a suit or petition ?

Thank you !

Originally posted by : donmax2004

We are 4 in the family (3 sons [s1,s2,s3] and 1 daughter [d1]) for our parents. Dad passed away 5 years ago. Mom has  a house (A1) and one commercial land (C1) under her name but our Dad spent each penny on the property. 

There are few paternal property namely (P1, P2, P3, P4, P5...) but the youngest son s3 is doing all the renovations on all properties (A1, C1, P1, P2, P3, P4, P5) without the consent of all the other sons and daughter. Mom agrees for all the request made by the youngest son. He says that he spent around 3 crores. Daughter does not care and does not want to file a case against anyone but wants to enjoy the property/money share. Dad did not write any Will. 

Should the sons s1 and s2 file a case against Mom?

Should everyone agree for the 3 crores spent by s3 eventhough he did not get the approval from us ?

Should we stop the renovations on the property ? we kept quiet for the renovations done on the rest of the property.

Do we file a case against s3?

Please help us the law here. Thank you for spending time on this. 

Regards.

 Father has purchased property in the name of his wife (mother) of siblings, it is her self-acquired property which she may give to anyone or every one, however, no one has any claim, right, interest or title over such property.

S3 is renovating, let him do, not a legal dispute. 

 

You are posting information on piece meal basis. 

You may consult a local advocate and proceed as suggested. 

Dear donmax2004,
Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is YES, the two sons may file a suit of partition for the properties left by the father.

It must be noted that since the properties owned by the mother (C1 and A1) are self-acquired properties and not inherited, her children cannot have any claim towards these properties until her intestate death or if their names were present in her will. For now, the mother has full control over her property and may choose to sell it or transfer it to someone else and no legal objection can be raised by her children.

The properties left by the now deceased intestate father can be claimed by his children along with his wife. This is in accordance with the Hindu Succession Act 1956, which in its Section 8 states the order of priority in which the property of a deceased male may be inherited.

Coming to the question, it is possible to file a partition suit in the respective Court in cases of property dispute. A partition deed will then be made which will list the respective portion of the property claimed by each party. A legal notice may be sent to the defendant first which if left unattended, can be replied to with legal action. 
It must also be noted that once a property is claimed, the partition suit must be filed within twelve years from the day of the claim as per Article 65 of the Limitation Act.

Therefore the two sons may opt to file a partition suit in the respective court if they are unhappy with the current situation, after which a partition deed will be made which will list the respective portions of the property that the three sons, one daughter, and the mother shall receive.

I hope this helps. Thank you for your time and patience!

Regards, 
Aadil