Mom property - legal heirs


Hi,

I am Uma Balaji. I got 3 sisters and an younger Brother .

My Dad was an Govt Servant and Mom an house wife.

My Dad had earned some property registered on his name.

My Mom was an Elementary school educated who is now 70 Yrs and alive ,earned some property by doing some Chits business and Stitching Blouses before 30 Yrs. From her self earnings, she bought some property in 1986 and 2003 which registered under her name and accumulated some liquid cash in Bank Saving account.

My Dad got expired on 2010 without writing any WILL , so i believe that all the property under my Dad's name will be go to all Legals heirs including my MOM.

In the absence of any WILL from Dad, My sisters took advantage of this and claims that the Property which is in Mom's name also

was hard earned by Dad. They started Harrasing Mom. By looking at the situations, 

My Mom did one Vacant Land Registration onto my Name , wrote an WILL as per her will and wish which got registered.

Now Sisters altogether approached Court for Cancellation of the Land which already got Registration under my name, seeking the Partition Suit.

Please guide me the legal proceedings how they go.

Do we need to produce any proofs for my Mom earnings 30 yrs back. My Mom who did the chit business with thier Friends, few are expired , and few are not in contact. Do we need find them for evidences?

 

Please guide.

 

Thanks.

 

 
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Advocate

Your sisters cannot succeed.  But, if they have brought any action against either your mom or you, you have to defend the matter before the court.  For this, you have to necessarily engage a lawyer well versed in property matters.  

 
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FIN

It is believed that you are all Hindu. Confirm!
 
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FIN

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs. So if mother of your deceased father (your paternal grandmother) was alive she has equal share. In case of Hindu woman the nature and source of property matters. In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters……….. If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father. If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral. You can determine the share of each legal heir accordingly and see how and how much gets vested in each one.. The process and procedure to get share updated in mutation records is simple. The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority shall update share as per provisions of personal law that applies in mutation records. By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court. You may obtain the above mentioned docs and complete the procedure and obtain updated mutation records.
 
Reply   
 
FIN

The onus to provide evidence/proof in court should fall on complainant. Keep the possession of the land and cover the boundaries. If there is NO injunction/stay by court to alienate you are at liberty to act as owner since you are title holder. Or court shall partition the whole estate/property left un-disposed by your deceased father and decide the contentions rose upon property in the name of your mother that was registered in your name. The copy of registered WILL may also be put up in court and thus let all other legal heirs be informed of WILL, on record, for future reference and use, if the need be.
 
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FIN

GO thru: HINDU SUCCESSION ACT, 1956 14. Property of a female Hindu to be her absolute property (1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation: In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. http://revenue.tripura.gov.in/sites/default/files/hindu-succession-act-1956.pdf

 
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FIN

GO thru: HINDU SUCCESSION ACT, 1956 14. Property of a female Hindu to be her absolute property (1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation: In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. http://revenue.tripura.gov.in/sites/default/files/hindu-succession-act-1956.pdf

 
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FIN

It shall be appropriate to seek proper legal opinion in person by showing all docs on record to a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record………..for a considered opinion and to contest the matter in court successfully.

If you have already approached a counsel as suggested above then you may post what is the opinion of your counsel.

 
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I engaged one lawyer ( not sure whether he is the best ) and then approached few other lawyers to understand the law in this Regd. My Lawyer said that we can do transactions of the Property until Injection is given and he did not yet file the case in the court, just he put Vakalat only and already 3 hearings are gone and next hearing is on March 22. As per one of other lawyer, There should not be any further transactions of my Mom Property as soon as the Partition Suit filed by my sis and also though my sis had tried so many criminal ways to grab the property before approaching court, I cannot file any other cases like Defamation until the partition case was finalised. I just wondered why it would be like this.

Also , please clarify since my Mom is 70, if any unexpected thing happens to my Mom while the Case is still open. How would the Judgement would go after my Mom. Whether the property would go as per WILL written and registered and case gets closed, or we need to further fight to proove the property is self earned by Mom.

Also please do suggest for any best advocate in Hyderabad if my Lawyers is not enough knowledgable as per given facts above

 
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FIN

Atleast I won't post that the lawyers whose versions are posted by you are wrong.

You may check your own aptitude, since you have posted your inner feelings on litigation.

.

 

 
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