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.
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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
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Rameshwar Dadhe
Responded 3 years ago
A.Yes your mother having rights to made will deed .
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