Property dispute
4 years ago
Dear Sir,
My mother wants to give 100% of my father's house property to my elder sister. We are two brothers and one sister. My father died in 2012.
My brother and I have one daughter each of 3 years and 7years old and my mother wants to deprive their right of my father's property.
Please advice what we can do?
Regards,
Sanjay
Shreyash Mohta
Responded 4 years ago
A.You can challenge this by filing a partition suit.
If the property is ancestral in nature then it cannot be divided by the wishes of the mother.
Thanks
If the property is ancestral in nature then it cannot be divided by the wishes of the mother.
Thanks
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A.Dear Sir,
The said property cannot be devolve as per the wishes of your mother. You may file a suit for partition and claim benefit of following rule of law.
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Section 8 of Hindu Schedule Act the wife is entitled as follows:
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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.
The said property cannot be devolve as per the wishes of your mother. You may file a suit for partition and claim benefit of following rule of law.
===================================================================================
Section 8 of Hindu Schedule Act the wife is entitled as follows:
====================================================================
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.
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Suneel Moudgil
Responded 4 years ago
A.whether any will was executed by your deceased father?
in whose name is property registered presently?
in whose name is property registered presently?
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