deepak kumar 07 March 2021
Advocate Bhartesh goyal (advocate) 07 March 2021
Your all siblings and your mother have equal rights and share in your paternal house and land so you can not deprive them to claim their share.
deepak kumar 07 March 2021
Anaita Vas 18 January 2022
If your mother were to pass away intestate, your sister as a class I legal heir would have the same share in her parents’ self-acquired property as you, and the fact that she is still married would have no bearing on it. However, if your mother leaves the property to you in a will, she will have to prove that the will is invalid to be able to lay a claim on it.
As far as the ancestral property is concerned, she can stake a claim over it by virtue of her birth. For the self-acquired properties as well, her being a class I legal heir, has a claim over these. This is, of course, if your father has not willed or gifted the properties to someone else. She can claim the properties by applying for a succession certificate in the civil court or high court that has jurisdiction over the property or her place of residence. Once the succession certificate is granted by the court, the properties can be transferred in her name.
Regards,
Anaita Vas