Ancintere property
5 years ago
My mother got ancintere(inherited) property from my father after death...can she sell without informing me ? I have one brother..How property will devide after her death...? Can mother write a will for her property ? Can she gift property to some others without knowing his children's?
Shreyash Mohta
Responded 5 years ago
The property of the father gets divided in equal ratio to the living heirs [including the wife]
ASSUMING BOTH YOU AND YOUR BROTHER ARE MAJOR
The said property will be divided in 33.33% ie. 1/3rd. Each of which going to the three of you in equal proportion.
After the death of your mother, the property will get divided in 50% ratio as there are only two living people. So the division becomes 1/2 between you and your brother.
Your mother can make a gift or a will of the property so inherited restricted to her share of 33.33%[without the consent of either of you]
BUT, incase such a gift is restricting your rights to peaceful possession then you may file a suit for partition in the local court having jurisdiction and pray for a temporary injunction against the same.
Thanks and Regards
Shreyash Mohta
Anonymous
Replied 5 years ago
Thanks for reply and explanation.... property got devided we among 3. and made register for the mothers property..she can only enjoy her property and can't sell.. after her death some parts of the property to my brother and some parts property to me...and we 3 agreed and signed the register documents with 2 witness(registered @ subregister office)..now can she sell her part property or write a will to some others ?
Shreyash Mohta
Replied 5 years ago
She can write her part of the property and can even sell it off. However such writing off or selling of her part of the property must not affect the peaceful enjoyment of your shares of the property. If in case it is not disrupting your peaceful enjoyment and possession she can anything with her share of the property but in other circumstances she needs the approval of all parties.
Property of the family will be divided as per the law .
Shanti Ranjan Behera
Advocate
After the death of father the property belonging to the father shall be divided equally among his wife and his children. Thus your mother has no absolute loan either to sell or make a Will or gift in respect of such property. You may immediately file a partition suit and bring temporary injunction against your mother restraining her from executing any such documents.
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Anonymous
Replied 5 years ago
Thanks for your reply..yes property got devided we among 3(2 children & mother) after father's death...for mother partition already registered like...she should not sell the property she can only enjoy the property until her death... but now she is telling I will not give your partition, I will write a will or share to brother wife name. (Brother will get his partition after death, which has written registered document)..
Sunil Kumar Singh
Responded 5 years ago
Discuss for process till not get your right on this property
Click Consult to Start process
Rameshwar Dadhe
Responded 5 years ago
Anonymous
Replied 5 years ago
Thanks for your reply..yes property got devided we among 3(2 children & mother) after father's death...for mother partition already registered like...she should not sell the property she can only enjoy the property until her death and some parts to me and some part of the property to my brother after her death... but now she is telling I will not give your partition, I will write a will or share to brother wife name. (Brother will get his partition after death, which has written registered document
Rameshwar Dadhe
Replied 5 years ago
Once u has been get Ur share then Ur mother's share u don't have any legal rights. Till alive. After the death u can claim. Or Ur mother can make will deed any person fever his her right
Anonymous
Replied 5 years ago
Ok... Thanks for your reply... it's is inherited property.... Can she sell property? in register document written like she can only enjoy the property untill death...she can't sell .. after death some parts to my brother and some parts to me..can she break register document.?
Rameshwar Dadhe
Replied 5 years ago
Yes sir she can sale his share
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