Liability of loan on Ancestral property Liability of loan on Ancestral property

2 years ago

Great Grandfather has 3 sons (Babu (1/3), Moti 1/3) and Gada (1/3)) and 3 daughter dont want any claim in property. Out of 3 sons, Babu is expired leaving 2 sons (Motu and Chotu ) and wife Rita. That means Motu has 1/9th share. Now, Chotu and Rita (80 years) has taken bank loan on property 2 lakhs each without informing Motu. What Motu can do or what are his liability towards loan??

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
It will not be difficult to obtain the property if it is in someone's name. If a man dies intestate, that is, without a will, his assets are dispersed according to the Hindu Succession Act, and the property is passed to the deceased's lawful heirs. In the event of intestate succession, the mother is entitled to the same part of the estate as the other lawful heirs.
Thank you very much.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
If it is in the name of someone then it wont be difficult to get the property. . In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. In the case of intestate succession the mother has equal shares as other legal heirs.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty dispute
Dear Sir, You have to immediately approach Civil Court since your entire plot was encroached by third person and seek a direction to remove barbed wire fence and allow you to use traditional road.
question iconfather sold my share of ancestral property
Dear Sir, If you are fourth generation person then you can claim your property. Further you should have claimed such share within three years from the date of attaining the age of 18 years. You may se...
question iconGujarat 7-12 Document Name Change Possible Old Name to New Name
Dear Client, To resolve the issue related to the correction of the name of your father that appears in different documents differently, you need to pursue the following steps. 1) An affidavit is a le...
question iconproperty issue
Dear Client, Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
question iconProperty
Dear Client, No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...