inheritance right on fathers property
suhas roman
(Querist) 24 November 2013
This query is : Resolved
My mother sold one flat in Gujarat after fathers death and transferred the second one to my younger brother without giving me any share in the property.
When I asked her why she did it she told me that she is fathers widow and has first right on property.
Please guide me through this.I am also searching for an advocate in VAPI Gujarat.
malipeddi jaggarao
(Expert) 25 November 2013
Whether the transferred property is in name of your mother or your deceased father. If it is in the name of your father and if your father did not Will, as one of the legal heirs you are entitled to your share. What is the mode of transfer of property by your mother?
Devajyoti Barman
(Expert) 25 November 2013
If your father has dies without any Will then both the sons and widow has equal share in the property.
File suit for partition if you wish to enforce your right.
Ms.Nirmala P.Rao
(Expert) 25 November 2013
If the property is in the joint names of your father and mother, you'll have a share in the property. If not, if it stands in the sole name of your mother she has every right to deal with or dispose it off according to her wishes. If you wish to thank me for this reply pleawse4 click the thank you button on my profile.
Rajendra K Goyal
(Expert) 25 November 2013
Well advised by the experts, nothing more to add.
suhas roman
(Querist) 25 November 2013
The property is in the name of father soley
Devajyoti Barman
(Expert) 25 November 2013
then you have right.Go for it either by amicable means or through legal recourse if you so want.
T. Kalaiselvan, Advocate
(Expert) 25 November 2013
In your father's self acquired property, upon his intestate death, all his legal heirs consisting his children, widow, mother are entitled to equal share in the property/estates of the deceased. You may issue a legal notice for partitioning the property if talks fail and subsequently you can file a partition suit seeking your legitimate share out of the deceased's intestate properties and a separate possession of the same.
