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Dhairya   22 October 2018

Mother's property right?

My Mother has died and the house is my mother's name in documents. if my father do second marriage or have other child from new lady than whose right on my mom house ? i am 18 +/



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 14 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 October 2018

Dear querist,

 

 

After mother death her property will devolve in her legal heir, order of succession

 

15. General rules of succession in the case of female Hindus.―(1) The property of a female Hindu

dying intestate shall devolve according to the rules set out in section 16,―

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or

daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),―

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the

absence of any son or daughter of the deceased (including the children of any pre-deceased son or

daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon

the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall

devolve, in the absence of any son or daughter of the deceased (including the children of any

pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order

specified therein, but upon the heirs of the husband.

 

Individual share of father will can only be given to her second file and there children from second wife.



Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Dhairya   22 October 2018

it means me and my father have equal rights or my rights is first? and how to transfer the property to my name.?

Adv. Aditya (Litigator GROSON ADVISORS)     22 October 2018

Dear concerned,

As the law has been already been pasted here. If your father remarries, whatever rights he has been devolved upon in the left behind property of your mother, that specific share, in addition to the properties of father, can and will be devolved upon the new family. 

The property of the mother will be shared by you, your real sibling, if any, and your father. 

Regards.

GROSON ADVISORS

legaladvice@grosonadvisors.com

Dhairya   22 October 2018

So how can i transfer the property to my name?

Dhairya   22 October 2018

So how can i transfer the property to my name?

Adv. Aditya (Litigator GROSON ADVISORS)     22 October 2018

Originally posted by : Dhairya
it means me and my father have equal rights or my rights is first? and how to transfer the property to my name.?

yes, it means you and your father have equal rights in the property of mother and how to transfer depends on the facts of the property.

Dhairya   22 October 2018

It was house on my mom name

Adv. Aditya (Litigator GROSON ADVISORS)     22 October 2018

Consult a local lawyer of your area. He shall guide you through. You have been answered, in affirmative here. 

Regards.

GROSON ADVISORS

groson@grosonadvisors.com

Dhairya   22 October 2018

Ok. Thank you for guiding.

Shashi Dhara   22 October 2018

u&Ur father had equal share in that property as u had attained majority u &Ur father sit together with well wishers settle consequence peacefully before Ur father married.

SHIRISH PAWAR, 7738990900 (Advocate)     22 October 2018

You and your father are having equal rights. In the event of second marriage of your father. Your father's share may devolve / shared by childrens of second marriage.

1 Like

Dhairya   22 October 2018

if my father had child with the lady without marriage than whose right on property?

TGK REDDI   23 October 2018

The illegitimate child too has its share.

Dhairya   24 October 2018

I contacted local lawyer as he said if the property is only my mothers name than my father has no rights on the property. Is it true?

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