Claim on ancestral house
2 years ago
Hello, our ancestral home was in my mother's name. It's the house where we all grew up as kids. I think my mother has transferred her rights to her brother, (my uncle) who's residing in that house right now. As her second daughter, do I have any legal claim over the property? Have I lost it forever or can I fight for my right to claim that property by proving my family heritage? (The house was passed to my mom by her mother.) So it was supposed to be passed on to us, her daughters. But I think she has transferred the ownership to my uncle.
A.Dear client,
you have a legal claim over the property still. Even if the property transfers, your share in that property remains so you can always file a suit in the court of concerned jurisdiction and claim your property.
Thank you
you have a legal claim over the property still. Even if the property transfers, your share in that property remains so you can always file a suit in the court of concerned jurisdiction and claim your property.
Thank you
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Ancestral property means the property which remains unpartitioned for last four generations through male lineage, therefore, this property is not your ancestral right but the self acquired property of your mother and therefore if through Registered Deed of Transfer she gave the property to her brother, then you can't have the legal right to challenge, however, it is necessary to check in whose name the property is recorded at present, if it is still in your mother's name without any registered Deed of Transfer in favour of her brother, then obviously you are entitled to claim your property share as per Law.
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