Mother get property clain in her dad property
3 years ago
My grandfather died in 1996.he has 3 sons and 2 daughter. He has done partition letter in 1991.we r hindu. Now the property is on 3 sons name only. Does my mother get property claim in her dad property
A.WOMAN MARRIED BEFORE 1956 ENTITLED FOR SHARE IN ANCESTRAL PROPERTIES OF HER PARENTS.
Your mother can claim share in her ancestral property from her parents side. Even if she born before 1956 as per recent Supreme Court judgment she is entitled for equal share to that of her brother. You may take GPA/POA on her behalf and file a suit for partition.
So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed.
What is an ancestral property?
Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
The share of father and son in ancestral property
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.
The share of sons and daughters in ancestral property
The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents' self-acquired property. “Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow” said the order.
Once an ancestral property is partitioned between the family members, it would cease to be ancestral property. A father has a choice to not will-out his self-acquired property to his son. However, this is not valid in case of ancestral properties.
The Hindu Succession (Amendment) Act, 2005 confers the status of a coparcener on daughter giving equal rights (with the son) on an ancestral property. Only male members of the family were coparceners prior to the amendment which has modified the Section 6 of the original Hindu Succession Act of 1956 that did not mention daughter's right in a coparcenary property.
Some facts about ancestral properties
*The right to a share in an ancestral property comes by birth.
*Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share.
*Referring to Ajinkya’s question above, properties of the paternal ancestors cannot be sold without the consent of the successors. However, it can be reclaimed by filing a suit for partition in a court.
Similarly, if your share is denied you can send a legal notice demanding your rights.
*The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family.
*Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property.
*Properties acquired from the maternal side does not qualify to be an ancestral property.
*The head of a Hindu undivided family has the power to manage the family assets under the Hindu law. But when it comes to ownership and rights over an ancestral property, each coparcener is entitled for getting his or her share.
Legal rights of a married daughter over ancestral property….Examples.
‘What are the legal rights of a married daughter over ancestral property seven years after her parents’ death?’ - Tripti Sahu
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.
My father died without a will. While alive, he had transferred properties to my mother and money to children, but without any registered gift deed. My mother is now refusing to give any property to me. Do I have any legal claim over it? — Vineeta Thind
If the father gifts self-acquired property during his lifetime to an individual, the descendants who were not gifted any share in such property would not have any right over it after his death. However, according to the Registration Act, a gift deed for immovable property is required to be registered. If the gift deed is not registered, you may be able to challenge in a court of law and claim your rightful share in that property.
If your mother is not willing to give any share in property to you, including the one in your father’s name, and if there is no will regarding the deceased’s property, it would devolve according to the laws of intestate succession. This means that the self-acquired property will be distributed with first preference to Class I heirs—children and wife— who get an equal share. Your mother, in the absence of a will or a valid gift deed, will not be able to stop you from getting your share.
When our father died without a will, I and my brother submitted a no-objection certificate to transfer the house to our mother. Now, she wants to sell it. Do we have the right to stop her from doing so? — Smita Kumar
When a father (Hindu) dies without a will, the property devolves among his legal heirs, according to the laws of intestate succession. The self-acquired property is distributed with first preference to Class I heirs. If you, as children, have given a no-objection certificate (NOC) to transfer the house in your mother’s name, your right to stop her from selling it will depend on the provisions of the NOC. Assuming that the house has now been fully transferred in your mother’s name, and also assuming that the NOC stated the mother has complete right to deal with the property in any manner she likes, the children will not have any right to stop the mother from selling the property as and when she wishes
Your mother can claim share in her ancestral property from her parents side. Even if she born before 1956 as per recent Supreme Court judgment she is entitled for equal share to that of her brother. You may take GPA/POA on her behalf and file a suit for partition.
So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed.
What is an ancestral property?
Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
The share of father and son in ancestral property
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.
The share of sons and daughters in ancestral property
The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents' self-acquired property. “Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow” said the order.
Once an ancestral property is partitioned between the family members, it would cease to be ancestral property. A father has a choice to not will-out his self-acquired property to his son. However, this is not valid in case of ancestral properties.
The Hindu Succession (Amendment) Act, 2005 confers the status of a coparcener on daughter giving equal rights (with the son) on an ancestral property. Only male members of the family were coparceners prior to the amendment which has modified the Section 6 of the original Hindu Succession Act of 1956 that did not mention daughter's right in a coparcenary property.
Some facts about ancestral properties
*The right to a share in an ancestral property comes by birth.
*Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share.
*Referring to Ajinkya’s question above, properties of the paternal ancestors cannot be sold without the consent of the successors. However, it can be reclaimed by filing a suit for partition in a court.
Similarly, if your share is denied you can send a legal notice demanding your rights.
*The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family.
*Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property.
*Properties acquired from the maternal side does not qualify to be an ancestral property.
*The head of a Hindu undivided family has the power to manage the family assets under the Hindu law. But when it comes to ownership and rights over an ancestral property, each coparcener is entitled for getting his or her share.
Legal rights of a married daughter over ancestral property….Examples.
‘What are the legal rights of a married daughter over ancestral property seven years after her parents’ death?’ - Tripti Sahu
The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.
The marital status of the daughter is immaterial, and a married daughter has the same rights as an unmarried one. However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will. So, if your father died before 2005, you will have no right over ancestral property, but if he died after 2005, you have a legal claim over it. Moreover, the legal right of inheritance never dies, irrespective of the time elapsed. So, as a legal heir, you can file a suit in the court to enforce your right to the property even after seven years of your parents’ death.
My father died without a will. While alive, he had transferred properties to my mother and money to children, but without any registered gift deed. My mother is now refusing to give any property to me. Do I have any legal claim over it? — Vineeta Thind
If the father gifts self-acquired property during his lifetime to an individual, the descendants who were not gifted any share in such property would not have any right over it after his death. However, according to the Registration Act, a gift deed for immovable property is required to be registered. If the gift deed is not registered, you may be able to challenge in a court of law and claim your rightful share in that property.
If your mother is not willing to give any share in property to you, including the one in your father’s name, and if there is no will regarding the deceased’s property, it would devolve according to the laws of intestate succession. This means that the self-acquired property will be distributed with first preference to Class I heirs—children and wife— who get an equal share. Your mother, in the absence of a will or a valid gift deed, will not be able to stop you from getting your share.
When our father died without a will, I and my brother submitted a no-objection certificate to transfer the house to our mother. Now, she wants to sell it. Do we have the right to stop her from doing so? — Smita Kumar
When a father (Hindu) dies without a will, the property devolves among his legal heirs, according to the laws of intestate succession. The self-acquired property is distributed with first preference to Class I heirs. If you, as children, have given a no-objection certificate (NOC) to transfer the house in your mother’s name, your right to stop her from selling it will depend on the provisions of the NOC. Assuming that the house has now been fully transferred in your mother’s name, and also assuming that the NOC stated the mother has complete right to deal with the property in any manner she likes, the children will not have any right to stop the mother from selling the property as and when she wishes
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Sumit Arora
Responded 3 years ago
A.Yes ur mother also a co-sharer on that property.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Ask her to file a partition suit.
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