Possession of property.

RATUL SAHA (Querist) 29 April 2012 This query is : Resolved
DEAR SIR,
KINDLY REPLY TO MY QUERY:
MYSELF A RESIDENT OF KOLKATA STAYS WITH MY FATHER,MOTHER,WIFE AND SON IN PARENTRAL HOUSE. THE PROBLEM IS THAT MY ELDER SISTER AND BROTHER IN-LAW ARE KEENLY INTERESTED IN POSSESSING THE PROPERTY i.e. OUR RESIDENTIAL HOME.MY FATHER AND MOTHER BELIEVES THEM LIKE ANYTHING AND IF POSSIBLE WILL HAND OVER THEM THE PROPERTY WHICH IS IN MY MOTHER'S NAME.I AM REALLY IN DILEMMA AS HOW TO DEAL WITH THIS.DO I HAVE THE RIGHT TO HAVE A PART OF THE PROPERTY OF MY MOTHER'S AND IF YES WHAT ARE THE PARAMETERS. CAN YOU JUST HELP ME OUT?
Regards,
Ratul Saha.
Kolkata.

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Devajyoti Barman (Expert) 29 April 2012
Since this your mother's property unfortunately you have no share in it.

Even if it is ancestral property , you being governed by the Dayabhaga rule of succession do not have share in it by virtue of your birth.

So try to be a responsible son to you mother and discharge you duties which is expected of a son.

You would at least get her blessing which would be proved more valuable in later part of your life than a mere 'part' in the house.

ajay sethi (Expert) 29 April 2012
since property is in name of your mother your mother can bequeath her property to whom sover she desires ,. as advuised by mr barman try to serve yur parents and obtain their blessings