Legal rights in ancestors property

CONSIDER THIS:
1. IF Property was "Ancestral" (has to be proved), THEN it has to be transferred in EQUAL proportions to ALL the residual legal heir of deceaseed.  There is no exception on this.

2. There is nothing that legally restricts you from claiming your right in Father's property, which might have to be done via a Civil Court litigation.

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

Dear querist,

Your father's property is transferred to your mother's name. You are entitle to your share in the property after your mother. You are legally entitle for property as you are legal heir of our father and mother.

Regards,

The property was not partitioned, though it is in your mother's name after your father.  So you, your siblings, and your mother have equal rights over the property.  so you can claim your share.

How is that the property is ancestral? When and how it had been transferred to your mother's name?

I want the years in which yourself and your sister married.  When the propety was transfered by you father in the name of your mother?. Is she alive now?. How can you say that the property is ancestral?.  Since by the time amending Act of Hindu succession Act, came into force in 2005, as your father died earlier, then you have no claim in the proplerty. the rigts will accrue only after the death of your mother in equal halves to you and your sister.  You have no inherent righ.  that is why the years of marriages gains importance.

If your father died without making and publishing any Will,then after his death,his ancestral property has devolved upon his legal heir(your brother) and legal heiresses(your mother,you and your sister) and therefore you can always demand one fourth share therein and if the other cosharers are unwilling to give you your share in that undivided property,then you can file Partition Suit before the local Civil Court.

  However,you have told that after your father's death,your father's ancestral property was transferred to your mother's name.Kindly explain who had executed such Deed of Transfer in your mother's favour?  If your father died intestate,then after his demise there is no such possibility of your mother to become sole owner until and unless you and your siblings through registered Gift Deed transferred three of your shares in favour of your mother.Kindly clarify.