Need advice to claim the property of the parents of my mother Need advice to claim the property of the parents of my mother

4 years ago

I am from haryana.
My mother's father was jain and i am hindu . My mother's father had a big house which was given to him by his ancestors. He died many years ago. Now, his wife and his sons are living in that house. Since my mother's father death,They are not telling that my mother's father made a will or not before dying. I want a part of land on which that house is built. Now, i have some questions for you to answer which are as follows :-
1. Can my mother claim her share in the land on which house is built ? In two situations -
(a) if he made will and gave house to his sons.
(b) if he didn't made will.
2. Can i claim that share in the land on which house is built ? In two situation -
(a) if my mother is alive.
(b) if my mother dies after few years from today, then, can i claim after this ?

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear sir/ madam

My reply to your queries is as follows
1. Can my mother claim her share in the land on which house is built ? In two situations -
(a) if he made will and gave house to his sons.
(b) if he didn't made will.
A : If it is ancestral property he cannot will out entire property but only to the extent of his share..
Otherwise your mother can claim by filing a partition suit.

2. Can i claim that share in the land on which house is built ? In two situation -
(a) if my mother is alive.
(b) if my mother dies after few years from today, then, can i claim after this ?
A: First get file a case through your mother and after her death you become her legal heir and thus continue the litigation and get the share .
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Advocate Simi Paul

Responded 4 years ago

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A.Hi client,
Under the Hindu law, property is divided into two types: ancestral and self-acquired. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share .
In the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.
Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.1. Since the property is ancestral, your mother can claim the share in the property irrespective of the fact whether any WILL is made or not,
2. You along with the other legal heirs can claim the property after demise of your mother,
3. contact me for a detailed discussion,
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 4 years ago

A.Only your mother will be claim for her property share you don't have any such right
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