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Divya ( )     29 January 2015

Ancestral property...mother's share

Hi.... we have some ancestral property in my father's name which is under dispute. My father, before his death, without partitioning the land sold more than his share (as me and my siblings also have equal rights here) without our consent and knowledge - this is being disputed in court.

The question now is, will my mother also have a share in the property, as a legal heir to my father after his death, in the undisputed remaining property which is still in my father's name???

Thanks!



Learning

 6 Replies

srinivasan.r. (Lawyer, 9444000813)     29 January 2015

yes she has.

Isaac Gabriel (Advocate)     29 January 2015

Your mother also entitled for a share proportionately.

Kumar Doab (FIN)     29 January 2015

Yes, your mother is ClassI legal heir to your father and has equal share. 

Divya ( )     29 January 2015

thank you all for your help. thats great to know....

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

Your mother has to be brought on record as LR of your deceased father if she was not already impleaded as a party to the pending suit.  As a matter of fact she is entitled to a share out of your fathers own share in the property.

Biswanath Roy (Advocate)     02 February 2015

Yes, your mother has a share in the property of your late father.


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