Share in anscestral property for grandson of decesed grandmother
2 years ago
A property was owned by my grandmother, expired in 2017.
My grandmother have 2 sons and 3 daughters, all married.
One of the daughter is my mother, but expired in 2010.
Recently the 2 sons have got khata transfered in their names excluding the other 2 daughters.
Now they are trying to sell the property in connivance (the 2 brothers and 2 sisters) excluding me.
What rights do I have over this property to claim the share of my mother legally?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir
After the ammendment to the hindu succession act in 2005 daughter have equal rights as son in the ancestral property. Therefore your mother had rights in that ancestral property and after her demise you could claim the same. You could file a suit in the court to claim your share in the property.
Thanks
Please rate if you find this advice helpful.
After the ammendment to the hindu succession act in 2005 daughter have equal rights as son in the ancestral property. Therefore your mother had rights in that ancestral property and after her demise you could claim the same. You could file a suit in the court to claim your share in the property.
Thanks
Please rate if you find this advice helpful.
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A.Hi,
khata sites don't need building plan approvals or any other permission from the agency. Sons and daughters have an equal share in the property of the parents. Daughters are now coparceners and have a right to the family property, thanks to a 2005 change to the Hindu Succession Act. Your consent is required for the selling of the property, and any sale made without your consent would not be proper and you can challenge it in court.
Thank you.
Kindly give a suitable rating.
khata sites don't need building plan approvals or any other permission from the agency. Sons and daughters have an equal share in the property of the parents. Daughters are now coparceners and have a right to the family property, thanks to a 2005 change to the Hindu Succession Act. Your consent is required for the selling of the property, and any sale made without your consent would not be proper and you can challenge it in court.
Thank you.
Kindly give a suitable rating.
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Sunil Kumar Singh
Responded 2 years ago
A.dear client since your grandmother is demise intestate , all legal heir has right to sell that property, before sell get the mutated all record on your name, the mutation will take three month of time ,so file your legal heir certificate.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As the legal heir of your deceased mother, it is necessary on your part to send Notice to her cosharers in that property for Partition of one-fifth share of your deceased mother through registered Partition Deed as well as to challenge the recording in that Khata. Please take note that if your maternal uncles don't agree to make Partition in registered manner,then through Partition Suit,you have to take injunction to prevent the other cosharers from transferring the property as well as status quo for not to change the nature and character of the property.
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