Property dispute and rights of inheritance
10 months ago
My grandfather wrote a will giving a part.of the property in my Father's name. We are.two daughters and my father was unwell and he died without writing a will. My mother got all the property given by my grandfather to him ( in which khata tranafer was not done in my fathers name)in her name and now is threatening that she will give everything to only my sister.
My question is does my mom hold rights in my grandfather's property? Can she transfer in her sole name against my wish (I am one of the daughter whom she does not want to give anything in the property)
A.Dear client,
As the property has already been registered under your mother's name, she has sole rights over it and she can distribute it as per her choice
As the property has already been registered under your mother's name, she has sole rights over it and she can distribute it as per her choice
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A.Dear Client,
An ancestral and intestate property is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. Therefore your mother cannot transfer your share in the said property without your consent. So, a suit for partition of the property before a Civil Court having jurisdiction over the property may resolve the matter in your favour. Reach out to an Advocate for guidance and steps. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
An ancestral and intestate property is shared by all the surviving legal heirs in equal share and in the absence of partition of the property and absence of consent from all the coparceners or co-heirs, the property cannot be transferred to anybody. Therefore your mother cannot transfer your share in the said property without your consent. So, a suit for partition of the property before a Civil Court having jurisdiction over the property may resolve the matter in your favour. Reach out to an Advocate for guidance and steps. In case you need any assistance in this regard, you may contact our legal team for the purpose with relevant papers.
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