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Father Property

(Querist) 21 August 2008 This query is : Resolved 
My Father expired in 2002, We are 3 brothers. We have property in 2 places.

I Jharkhand, Its a house which was made by my father's income and as per the will It belongs to all the 3 brother and my mother.

Can u mother alone sell the property ?

In Bengal we have ancestrial property ( house & land) and there is no will, can my mother alone give/sell the property ?
GOPI KRISHNA (Expert) 21 August 2008
in both the cases your mother alone can't sell the property, if at all she wants to sell the property alone, then the 3brothers/sons shall relinquish your right over the property through a release deed or all 3 shall give consent to the sale
adv.ranchi (Expert) 21 August 2008
Dear Mr. Rajeev,

Under the Hindu Succession Act, after death of a person, his property devolves to his heirs, unless there is any document (like Will, Gift, etc) to the contrary.

If there is no document to state as to how the property is to devolve (it becomes an intestate succession).
In such cases, all the heirs have equal rights in the property.

This is a general analogy to both self acquired and ancestral property.

However, in case of ancestral property, even if there is a Will, the entire property will not directly pass to the person named in teh Will. Only the share of the person making the Will can be passed, cause in ancestral property, once a person is born, his right accrues.

As such your mother cannot sell the property on her own.
However, if there is a Will created by your Father in her favour, she is capable of selling only the self acquired property of your father and his share in the ancestral property.

You can file a case claiming your share in the property and if anyone is selling the entirer property, you can initiate injunction application restraining him / her from doing so.

I hope this fully answers your querry.

Adv. Ashutosh
Jharkhand High Court
Tribhuwan Pandey (Expert) 21 August 2008
In reply of first question mother can sell only her share which she has earned by will.

According to Hindu succession Act she cannot sell the ancestral property
Srinivas.B.S.S.T (Expert) 22 August 2008
well said by my friends. My advice to rajeev and other people is that please give fuller details in your queries so that a genuine advise can be given.
SANJAY DIXIT (Expert) 01 September 2008
I do agree.

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