Sanjeev 09 October 2016

Right over property

My father passed away in 2009.
He has three sons, two daughters and a wife.
He purchased some property in his name and my mother's name and had also inherited ancestral property. We belong to a hindu family of Bihar.

1.What are the rights of my mother over my father's ancestral property and father's purchased property in his name?

2. What are the rights of his chlidren over my father's ancestral property and father's purchased property in his name?

3. What are the rights of his chlidren over my father's ancestral property and father's purchased property in my mother's name?

4. What are the rights my mother over my grandmother's property? Grandfather and grandmother both have passed away.

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9 Replies

Kumar Doab (FIN) 09 October 2016

1,2: Wife is not coparcener in ancestral property, hence no share. Sons and daughters are coparcener in ancestral property and have equal share.

ClassI legal heirs of deceased Hindu male; Mother, wife, sons and daughters. Thus wife has equals share in self acquired estate/property of husband.

3.It might have become her absolute property. So None in her life time.

4.Which grandmother; paternal, Maternal.

Rest show all docs to a very able counsel specializng in property matters and be staisfied that proeprty is ancestral in nature.

Ms.Usha Kapoor (CEO) 10 October 2016

Regarding your Father's ancestral property and self acquired property if he died intestate leaving your mother and 5childrean each of you get 1/6 th equal share in those properties being class 1 legal heirs. Wife, sons, daughters ,mother are class 1 legal heirs. . Regarding question no. 2 also my answr would be the same. Regarsing question no.3 propoerty standing in you rmother's name she can bequeath by will or sell or gift, exchange o r mortgage or lease in whatever way she wants she can deal as she is the absolute owner of the property.; Your grand mother's property if she died intestate will get distributed equally among your mother and you 5 children.If you appreciate this answer please click the thank you button on this forum.

Ms.Usha Kapoor (CEO) 10 October 2016

Regarding Question number 3 I made amistake. Only sons and Daughters are coparcenors and wife is not a coparcxenor. So your mother doesn't have any right in you rfather's ancestrl property fo rshe i snot acoparcenor. You 5 children have equal rights in that ptoperty. Rest o fmy answers are correct. I hope th eauthor gives me thnaks fo r this query also.

Ms.Usha Kapoor (CEO) 10 October 2016

Regarding Question number 1 I made a mistake. Only sons and Daughters are coparcenors and wife is not a coparcxenor. So your mother doesn't have any right in you rfather's ancestrl property fo rshe i snot acoparcenor. You 5 children have equal rights in that ptoperty. Rest o fmy answers are correct. I hope th eauthor gives me thnaks fo r this query also.

Kumar Doab (FIN) 10 October 2016

Dear Ms. Usha Kapoor,

Thanks for the correction and agreeing with me.

Kumar Doab (FIN) 10 October 2016

Querist @ Sanjeev,

Post reply to:

4.Which grandmother; paternal, Maternal.

Ms.Usha Kapoor (CEO) 10 October 2016

Regarding questiuon number 1 I made amistake. Sons ansd d aughters are coparcenors regardingf ancestral property ansdd not wife or your mother o fyour father's anxcestrall property. Regarding question no4 your grand mother asuming that she is your father's paters mother and your paternal grand mother only you 5children would get as hwer husband's legal heirs as she died intestate.Your mother will not get anything.If you appreciate this reply please click the thank you button on this forum.