Upgrad LLM

share in ancestral property

Telecom Engineer

Hello Sirs/Madams,

This is in ragards to my Mother's share in her Ancestral property. She is hindu and from Maharashtra.We stay in Mumbai. My Mother  has 3 brothers and 3 sisters.All three sisters are married and settled in Mumbai and her 2 brothers are also staying in Mumbai since long time. Her third yonger most bother is staying in Village and taking care of their Ancestral house & property.

My mother is demanding her share in this property but that brother who stays in Village denying her share in that Ancestral house and property. My mother is looking her share in Ancestral house and the lawn around it.But that brother is denying any share in house and lawn and only ready to give land which is not convenient and suitable to live and far away from main road somwhere in hilly location.

Infact he is not ready to give any share to any other brother and sisters in that ancestarl house and lawn (Land around that home) giving the reason that all other brothers moved to Mumbai for their carrier and Job and settled in Mumbai and all sisters are married and he is the only who is statying and taking care of their property in village and has no other source of income.

Regarding this I have few queries

1) Can my Mother demand her share in Ancestral property?

2) Can she or any other siblings can demand their share in Ancestral house and land around it along with other land?

3) As that brother is staying in that Ancestral house and taking care of property has he became sole owner of that house and property?

4) Can he deny any sibling's share in Ancestral house and land?

 

 

Please advise,

 

Your's Faithful

UM

 

 

 

 
Reply   
 
Law Student

All the children will be entilted to  get equal share in the property including your mother as per Hindu Succession Act.And as per 2005 amendment act girl child will  also get  share in the  dwelling house.

 
Reply   
 


ADVOCATE

Gorimma.. B is right.

 
Reply   
 
LAWYER HUBLI,KARNATAKA

Inthis regard I request to go through the Judgement of Karnataka High Court in PUSHPALATHA'S CASE JUSTICE N.KUMAR HAS clearely clarified the subject pertaining to the question raised here under.
 
Reply   
 
Telecom Engineer

Thanks YOu Very Much. 

 

Also Village extract no. 6 of that property Accounts prepared in year 1984, states that that brother is Kabjedar by heredity (Varsa ne Kabjedar) and all sisters had no objection to make him A.KU.PU (its written in Marathi. so don't know the meaning of this) of that property as they all were married and leaving at their Husband's house. Is it going to make any difference while claiming the share in property?

Can you please also let me know the procedure to send notice or file suite to get her share in Land and dwelling house?

 
Reply   
 
CEO

Sir,

With due respect, I would like to write as under:

Was the ancestral property Willed? Did the sisters and brothers give no objection for the brother to become Kabjedar? Was there any agreement or Family arrangement between the beneficiaries? In any of these events the terms of the Will or the agreement or the Family arrangement have to be followed, and according to the vilage extract holding brother is entitled to use and hold the land.

In any other event the legal recourse is the only remedy.

Regards,

Kishor Mehta

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x