Share of woman in encestrol property
Mukesh
(Querist) 16 July 2012
This query is : Resolved
Sir,
We are three brothers and one sister. My mother was the only child of her parents. My mother got 15 Acre of land as encestral property but she named this property to all three brothers of us in her registered will befor her death exept our sister. But when we check the doc in patwari office we found that our sister has also her share in the property. Now we don't want to give this property to our sister because we have the will and also we spend on her marriage and fullfil all social obligations at all time. Can we file a case on will and won. the case.
A V Vishal
(Expert) 16 July 2012
How did her name come in the patwari records?
Adv.R.P.Chugh
(Expert) 16 July 2012
A woman is not the source of coparcenory, in simpler words the property that she gets in her lifetime is her absolute property vis-a-vis her children, and hence she can legally oust them in her life (gift etc) or afterwards (will).
The will in your favour takes effect. File a probate.
Nadeem Qureshi
(Expert) 16 July 2012
Dear Mukesh
the main question is that when the name of your sister mentioned in the patwari office.
Mukesh
(Querist) 17 July 2012
After the death of our mother on the visit of patwari villagers told him that we are three brothers and one sister he accordingly divide the property without knowing that there is a will also. But as the property is ensesteral this will is applicable or not. Now a days womans have equal right also can you explain pls.
A V Vishal
(Expert) 18 July 2012
Since it was received by your mother from her father's side the property cannot be termed as ancestral, it is called as her self acquired property, the action of the patwari is illegal and you may file a suit against your sister and the patwari to oust them from the property.
