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rupesh (student)     24 December 2013

Ansectral property

dear sir,

my mother has 3sibblings. 2 borthers and 1 sister, all are married..my grand father has accquired a (house) property from his father by will.my grand father has expired in 2001. my grandfather has not made any will regarding this (house) property. (1). does my mother have any  right to claim in that property.??? sir, my mother has got divorse form his husband after one year of his marriage.from at that time, me and my mother are staying in that house only, jointly with my unlce and grandmother. recently in march 2013 my grand mother also expired.and my unlce made a second marriage to my mother.now i am staying in my grandfathers house only. now, they are harassing me to leave the house....pls tell me sir, do i have any right to stay in that house. (or) do i have right to claim for the share in the property.

 

thanks in advance for ur support...

 



Learning

 11 Replies

Dr J C Vashista (Advocate)     24 December 2013

Since the property is ancestral in your hands, you will have your share.

1 Like

rupesh (student)     24 December 2013

thkq sir....

it means i have right to stay in the house. but they are harassing me to leave the house. what can i do now sir....

rupesh (student)     24 December 2013

dear sir,

please tell me, my rights regarding that property and what should i do now for staying in that house.

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

my mother has 3sibblings. 2 borthers and 1 sister, all are married

The above ws your first statement; next your question is: "(1). does my mother have any  right to claim in that property.??? sir, my mother has got divorse form his husband after one year of his marriage."

your question contradicts your statement,i.e., if your mother divorced her husband, presumably your father one year after marriage, who the 3 siblings belong to?  If her husband is alive and is the legitimate share holder of his father's intestate property, your mother cannot claim a share legally on the property.

 

You state to be the grandson to your grandfather, what is the lineal descendancy,i.e., whether you are the son to your father who is a legal heir of that family through your mother?, explain your status so that you can get proper relief, or else contact a local lawyer, apprise him of the situation and seek is opinion.

rupesh (student)     24 December 2013

thnk you...

rupesh (student)     24 December 2013

@ kalaiselvan

no sir that property belongs to my mothers father. not my fathers father. the 3 siblings are belong to my mother(2 brothers and one sister) pls any one reply me.......

T. Kalaiselvan, Advocate (Advocate)     24 December 2013

If the property belonged to your mother's father, and it is presumed that your mother's father died intestate leaving behind his self acquired property to be succeeded by his legal heirs, then the legal heirs to succeed his property are your mother's mother, and her children, therefore you do not have any right or interest over the share of your mother's share in the said intestate property, it ends there with your mother.  Just because you were staying there in that house property for many years even from the date of your birth, this will no way make you entitled for any share in the property, so it is waste of time,energy and money to fight an illegal battle.

1 Like

rupesh (student)     25 December 2013

dear sir,

as u said above i.e., my mother have a share in the property...

Does my  mother can't transfer his share in the property on my name...???

T. Kalaiselvan, Advocate (Advocate)     26 December 2013

It is up to your mother to transfer her share on your name or somebody else's name, it can be a settlement or gift deed by your mother to someone of her choice, or she may even sell the share of her property to a third person, no one has any right to question her action in this regard.

Dr J C Vashista (Advocate)     26 December 2013

It is your mother who can dispose of the property as she desired. She may give whole or part of the same to one or all as per her will and wish.

1 Like

rupesh (student)     26 December 2013

thnq u very much.....


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