Property Issue
3 years ago
Hi ,
My father had expired 3 years ago without a will. He had registered his self acquired property and one of the ancestral property which he got from partition from his brothers on my mother name. There are 2 other ancestral properties on his name which he got after partition from his brothers. What all properties does my mother have power to write will. Can my sister file a partition suite on the properties which are registered to my mother.
A.Hi
In law, property obtained by way of partition is a self acquired property by virtue of section 8 of Hindu succession act.
So, technically your mother will have absolute rights over the properties that were registered in her name by your father and she has full power to write a WILL in name of any person who she so desires. Your sister cannot claim ownership of these properties as your father has transferred these properties to your mother during his life time.
However, the 2 ancestral properties that remain in your father's name after partition will be divided equally in to 3 shares (1/3 share to your mother, 1/3 share to your sister and 1/3 to you .
Also, many expenses including family expenses, outstanding loans etc need to be shared equally between inheritors.
Hope this information is useful.
In law, property obtained by way of partition is a self acquired property by virtue of section 8 of Hindu succession act.
So, technically your mother will have absolute rights over the properties that were registered in her name by your father and she has full power to write a WILL in name of any person who she so desires. Your sister cannot claim ownership of these properties as your father has transferred these properties to your mother during his life time.
However, the 2 ancestral properties that remain in your father's name after partition will be divided equally in to 3 shares (1/3 share to your mother, 1/3 share to your sister and 1/3 to you .
Also, many expenses including family expenses, outstanding loans etc need to be shared equally between inheritors.
Hope this information is useful.
Helpful
Helpful
Share
A.First get a Will for all properties and get into possession and alienate the same. Let your sister fight for her share in Court for years together. Be cool. Please give me Rank 5 if you feel my answer helped you
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 3 years ago
A.Yes your mother having rights to made will deed .
Helpful
Helpful
Share
Read Related Answers
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Right over mother's ancestral property
Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
