Family Property Dispute-We are hindu family
1 year ago
We are hindu family and my father bought a land of approx. 33 Cent by his own money. When my father was alive share of my big brother was given to him and registered 10 Cent his name. Now my father & mother both passed away and share of me & my sister's is not registered in our name. There was no will made by my father. Now my big brother want share again. Can he get the same if he goes to court ? or balance share can be equally divide by me & my sister through suit?
You need to understand your scenario in this manner.
Since your father had bought the land hence it was his self acquired property and he could do whatever he wanted with his property and thus he registering the 10 cents in your elder brother's name was right and legal.
In absence of any will or testamentary document your father is said to have died "intestate" and in that case the remaining land of 23 cents becomes "ancestral property" and every legal heir will have right in that property including your brother.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.Dear Sir,
Section 8 of Hindu Succession Act:
General rules of succession in the case of males.―The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
since it is the self acquired property of your father, when he is alive he gave a share to your brother. as your father died intestate, what ever property is on his name, all his three children will get equal share in that property.