Ancestral property

Querist : Anonymous (Querist) 06 January 2018 This query is : Resolved
Sir. Can i claim my mother property which is given by my grandfather..but now it was sold by my brother without my consent 5 years ago..can I file a suit.??

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Ms.Usha Kapoor (Expert) 06 January 2018
If your mother's property is ancestral that means up to 4 generations includiung you she ha been enjoying the property without any demur she can file A partition suit as per Hindu Succession Amendment Act for recovery of her share.That seems be not your case. IT SHALL BE DEEMED TO BE SELF ACQUIRED PROPERTY. ORAL PARTITION IS NOT RECOGNIZED OR CAN'T BE PROVED. SO YOU CAN'T RECOVER YOUR PROPERTY FR0M THE BUYER AT THIS BELATED STAGE AFTER 5 YEARS FROM THE DATE OF SALE BY YOUR BROTHER ALTHOUGH IT WAS WITHOUT YOUR CONSENT.ONCE IT IS EQUAL TO YOUR MOTHER'S SELF ACQUIRED PROPERTY SHE CAN DEAL.WITH IT IN WHATEVER MANNER SHE LIKES.

Vijay Raj Mahajan (Expert) 06 January 2018
Yes u/s 15 of the Hindu Succession Act,1956 you have one share in the property that was left by your mother. Even if the property sold you will get 50% of the proceeds those were received by your brother, file suit for partition of the assets of the deceased mother as a heir. Get legal heir certificate from the district office that you will require for the partition case.

R.Ramachandran (Expert) 06 January 2018
Pl. indicate when did you come to know that your brother has sold the property.
How old are you now?

Guest (Expert) 06 January 2018
Great assumption on the part of the experts about succession on mother's property when the querist has nowhere stated that his mother has died and when!

Guest (Expert) 06 January 2018
Your query is quite vague and irrelevant in the absence of the information whether your mother is alive or dead and whether the property was sold when your mother was alive or after her death.

Further, you have also not stated about the mode of transfer of your grandfather's property to your mother.

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Sankaranarayanan (Expert) 06 January 2018
Find a local lawyer with relevant papers and seek advise ,act accordingly first show your identity

P. Venu (Expert) 06 January 2018
The facts posted are incomplete. How is that the property is ancestral? Is your mother alive? How your brother has sold the property?

Dr J C Vashista (Expert) 07 January 2018
Reveal your identity to seek benefit from experts as per rules of this platform, otherwise consult a local professional lawyer, no reply for anonymous author.

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