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Esonique (Researcher )     20 December 2014

Inheritance over parent's property

My mother and her sisters are worried that the sister-in-law has transferred their parent's property in her name.that property was given to her husband ( their brother) after the original building had collapsed. At that time, he was unemployed and others were working and he did not have a house. This was in 1974. Once the new building was constructed in 1990, this brother and his family moved in and are still occupying it. But this  brother died in 1998. My mother and her sister believe that the sister-in-law (widow of this brother ) by now after 22 years since occupying must have already transferred that property in her name. Is there anything my mother and her sister can do to claim inheritance right to this property and prevent the widow from  to selling it?


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 December 2014

Before making a claim to any property left by the deceased, one needs to make sure that there are no debts outstanding, in which case they would need to be cleared before any division of the property can be thought of. All the heirs would have to first agree to chalk out a strategy to clear the debt.

 In case there is no will then as per the Hindu Succession Act the property will pass on to Class 1 heirs who include spouse, children and mother of the deceased. In case of absence of Class 1 heirs, it would pass on to the Class 2 heirs comprising of father, grandchildren and siblings.

Biswanath Roy (Advocate)     23 December 2014

To fructify your intention your mother and her sisters jointly have to file a Title Suit claiming title of the property and shall have to file an interlocutory petition under order 39 Rule 1 & 2 , read with sec. 151 CPC to restrain the sister-in-law from doing anything that can touch the interest of your mother and her sisters.

T. Kalaiselvan, Advocate (Advocate)     25 December 2014

First of all ascertain whose property it was and if the mother and sister are the legal heirs of the intestate deceased title holder, so as the widow's husband was a legal heir  succeed the property as per his his rights to his legitimate share in it.  Therefore the widow  will automatically inherit her husband's share of property along with her children if any.  Consult a local lawyer and take his further advise on the issue before proceeding.

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