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advocate2301@gmail.com   11 December 2020

Hindu property

I have mother and two sisters. My father expired in year 2000. Before his death, he divided the ancestral immovable property between my mother and me equally. No share was given to my married sisters who were married before his death. Now, can my mother sell this property ? Also, if not, can she divide the property among us ? Kindly opine.


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 10 Replies

Advocate Bhartesh goyal (advocate)     11 December 2020

If the property is ancestral then your sisters either married or not. have equal share and rights as you have.your mother can not legally sell the property alone.Better divide property equally among the heirs of your father.

1 Like

Pradipta Nath (Advocate)     11 December 2020

Assuming that your two sisters relinquished their rights from their ancestral property, your mother either can sell her part or can distribute her part among her children.

P. Venu (Advocate)     11 December 2020

How is that property had been ancestral? 

G.L.N. Prasad (Retired employee.)     11 December 2020

What is the present issue in 2020 .  Were your married sisters are aware of the partition, and any of them witnessed such document and whether your father has stated any thing that he got them married and given enough share through expenses.

Dr J C Vashista (Advocate)     12 December 2020

I agree with experts Mr. Bhartesh Goyal.

Both the sisters have equal right except share of father in ancestral property, if he has bequeathed/ gifted/ sold in favour of his wife. 

Mother can transfer (sell) her share only.

Assumption and permutation do not work in law qua transfer of title of the property. 

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     12 December 2020

It appears that the author is not interested to provide the information sought!

advocate2301@gmail.com   12 December 2020

Thanks for the expert comments. The property belonged to forefathers and therefore, it may be taken as ancestral. It was the share the father had, he divided it a between the son and mother before 2000, my sisters had been married at that time.

P. Venu (Advocate)     12 December 2020

There is no question of 'taking it as ancestral' if your father had got his share through a partition executed after the Hindu Succession Act had come into force. If you are not a Hindu, there is no question of any ancestral property.

Please do not make postings based on assumptions and presumptions.

advocate2301@gmail.com   12 December 2020

Thanks Mr Venu. To make your doubts clear, I am from a Hindu family. My father was inherited this property, he did not buy. He had transferred it in the names of my mother and me equally, in 1995.

Now if you find my information based on assumptions and presumptions, I am sorry for that. You may ignore my quarry, but please don't impress upon the fraternity against me. My request will be to avoid responding. Sorry.

I will still expect that you will definitely benefit me by your experiences on my quarry.

Thanks again.

P. Venu (Advocate)     12 December 2020

I  am afraid you are still avoiding the material facts. How did your father 'inherit' the  property - was there a partition by metes and bounds and/or a partition or settlement deed was executed? If so, when did the partition/execution of the deed take? was it prior to subsequent to the enactment and notification of the Hindu Succession Act?

Secondly, how did your father transfer the property to you and your mother? Was any partition or settlement deed executed?


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