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Sai Prasad   08 June 2018

House Property

Hello Sir,

My parents are giving house and land property to my 3rdSister which is on my mother's name. Because me and my parents are argued and got separated after my love marriage.

I have 3 sisters and only me. We are total 4.
Could you please let me know how can I get share in that property?


Learning

 5 Replies

Raghav Arora   08 June 2018

Dear! Thanks for the question! Here the Hindu Law is applicable. there are two scenarios -

1. Self Acquired property - If the property is self-acquired property i.e bought by your parents' own earned money, then they can do as they please and cannot be disputed against. They can write a will and give it to anyone they want to without any interference.

2. Ancestral Property - However, if the property is an ancestral property that was devolved on your parents by the virtue of being a successor to the ancestors then they cannot write a will and give the property to the sister exclusively. You can claim your share in the property and dispose of the calculated share as, when and how you please.

Good Luck!

Sai Prasad   08 June 2018

Thank you Raghav, One query. My son/daughter can expect a share in that property? Because as the property belongs to their Grandparents

Raghav Arora   08 June 2018

Your Son/Daughter can expect a share only from the property that devolves on you. The share that you get will be divided between your children. 

The grandchildren get a share in the ancestral property only in the event where the class I legal heirs are dead i.e - you and your siblings. So again, it depends on whether the property itself acquired or ancestral and what share do you get out of it.

Sai Prasad   08 June 2018

Got it! Thank you Sir

Adv. Aditya (Litigator GROSON ADVISORS)     08 June 2018

The query has already been answered clearly and properly. 


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