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Mohan HK   15 August 2020

Transfer of ancestral property

I am Hindu. I have three sisters and a brother. My father passed away in 1996 and my mother is bedriddin. I am taking care of my mother.I spent around 15 lacks for my mother's treatment and paying around 50 k every month. My sisters and brother not even paid/paying single rupee for my mother.
1) can I claim my mother medical expenses which I have paid till now from my sisters and brother
2) Can i void their legal heir in our ancestral property and can I transfer ancestral property on my name


 8 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 August 2020

Originally posted by : Mohan HK
I am Hindu. I have three sisters and a brother. My father passed away in 1996 and my mother is bedriddin. I am taking care of my mother.I spent around 15 lacks for my mother's treatment and paying around 50 k every month. My sisters and brother not even paid/paying single rupee for my mother.1) can I claim my mother medical expenses which I have paid till now from my sisters and brother2) Can i void their legal heir in our ancestral property and can I transfer ancestral property on my name

 

1.  NO.  You CANNOT.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Lawyer)     15 August 2020

 

Answer to both the questions is negative.

G.L.N. Prasad (Retired employee.)     15 August 2020

The Hindu ancient Law only states of duties and responsibilities of children and never speak of expecting return favors.  If mother is really kind and appreciates your hard work, she may write a will and bequeath her share of the property to you and for the rest of the amount, you can write accounts, and while family settlement let elders remind other siblings of their duties and responsibilities.   Hindus always believe in self-less service to parents.(Even after death through pitrukarmas to unknown grandparents)..  Law imposes equal rights and silent on responsibilities.

Shashi Dhara   15 August 2020

Whoose possession the property isjointly  possessed or is your possession..if not hold it your possession..if they file suit for partition deny they are not entitled for any partiton .take as  long time  in court that they must and shud come to compromise.if not leave it to court the court will decide it whether it is ancestral or not.

Dr J C Vashista (Lawyer)     15 August 2020

Originally posted by : Mohan HK
I am Hindu. I have three sisters and a brother. My father passed away in 1996 and my mother is bedriddin. I am taking care of my mother.I spent around 15 lacks for my mother's treatment and paying around 50 k every month. My sisters and brother not even paid/paying single rupee for my mother.1) can I claim my mother medical expenses which I have paid till now from my sisters and brother2) Can i void their legal heir in our ancestral property and can I transfer ancestral property on my name

@ Mohan HK,

Did you ever discuss the issue with your sisters and brother regarding sharing of treatment/ medical expenditure on your mother being incurred by you  ?

You will agree that there is no parallel to amicable settlement.

Can your mother execute a will to bequeath her (1/5th).share of ancestral property in your favour ?

P. Venu (Advocate)     16 August 2020

How is that the property is ancestral?

bhagwat patil (Property due diligence 9422773303)     18 August 2020

If your mother agrees then only you can obtain to the share to the extent she possesses.

ravi yudha (ceo, non-profit org)     21 August 2020

I'm not from the legal field. So be cautious with my post.

There is a belief that grand father's property is ancestral. For a property to qualify as ancestral there are a certain set of criteria. Most properties (almost all, don't know why) won't qualify as ancestral.

It goes something like this, the property should have come from four generations higher, all 4 generations should only be male and it should have descended to the 4th generation without going thru any division for 4 generations.

Where in India can you find such a property. This rule seems ridiculous. Can lawyers throw some light.

 


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