property
5 years ago
we have a property on my mothers name , my fathers brother is expecting the property from us .suddenly he came and locked the property and feeling like his own property . what can i do immediately ??
A.Dear Sir,
If your mother is alive then she can approach Civil Court otherwise you have to file a suit under Section 15 of following Act.
----------------------------------------------------------------------
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
If your mother is alive then she can approach Civil Court otherwise you have to file a suit under Section 15 of following Act.
----------------------------------------------------------------------
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Helpful
Helpful
Share
Sunil Kumar Singh
Responded 5 years ago
A.It's undivided ancestral one.then your share could be claimed.
Self earned of your father then your said uncle done unlawful to restrict you.
In all circumstances you need your share on that property.
Take few step
Talk your mother about initiate legal action.
Inform me to sun.ks5737@ send me gmail along with all documents regarding the issue raise by your said uncle.
For uninterrupted possession,without any delay initiate legal step.
Link to talk with initiate legal process said.# Consult# available on vidhikarya
Self earned of your father then your said uncle done unlawful to restrict you.
In all circumstances you need your share on that property.
Take few step
Talk your mother about initiate legal action.
Inform me to sun.ks5737@ send me gmail along with all documents regarding the issue raise by your said uncle.
For uninterrupted possession,without any delay initiate legal step.
Link to talk with initiate legal process said.# Consult# available on vidhikarya
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.It is a dependent on anccetral property or self acquired. If self acquired then they don't have any legal rights. If anccetral property then they have right on this property
Helpful
Helpful
Share
Read Related Answers
Transfer of property to wife after demise of husband
Dear Client,
According to the law of inheritance, on the death of a person, his legal heirs have a right to inherit the property. So, in this case, the mother and children being the legal heirs of th...
Path to reach home
Dear Client,
you can send a legal notice to the party for criminal trespass of the land and you can also file a police complaint criminal intimidation Or file a civil case against him and get an orde...
Property disputes
Dear Client,
Commercial activities in residential areas are impermissible under the law. In the given scenario, serving a legal notice to the owner of the residential house file a mass complaint to...
Neighbour Water leakage
Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call t...
NOC FROM OTHER FLOOR OWNERS
Dear Client,
Whether you need a No Objection Certificate (NOC) from other floor owners before selling your floor in a building depends on local regulations and building bylaws. It's advisable to con...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location