• Properties fathers death, surviving mother and elder sister

Hi,
 My father expired 2 years ago. My fathers mother has a property in her name. There is no will or khata papers. My father had 4 siblings. 
Now the 4 siblings and my mother are applying for the khata to be made in 5 names. Is this correct? How does the Hindu succession act work here. All of my fathers siblings have children and grand children. When the property is sold, how will this be distributed?
 My mother is not communicating with me regarding any matters and the relationship is not in a good state. She has obtained NOC from my sister, but mentioned I was abroad and left me out of this. I came to know about this through other sources. What should I do in such a case?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) on demise of your grand mother your father has one fourth share in the property

2) on demise of father his one fourth share will devolve on your mother , you and your sister

3) on sale of property in respect of father one fourth share your mother , you and your siblings will have equal share in the sale proceeds

4) you can file suit for partition to claim your share in property

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) you should act now

2) check whether in khata besides your mother name . your name has been added also

3) without your NOC kahta would not be transferred in mother name

4) please note that mere mutation of property in revenue records does not confer any title to property

5) it is only for payment of property taxes

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The property would be divided among the 4 siblings.

2. It would be divided into further sub-groups among the 4 groups.

3.So all of them may be added in the Khata.

4. Or you may sell the proeprty and divide the sale proceeds among yourselves.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. It is not clear in your query whether your grand mother is alive as on date or not?.

2. Assuming that your grand mother died intestate (without executing WILL), then her Self acquired property would devolve equally to her husband (if alive) and her children.

3. Assuming that your grand father had predeceased your grand mother, then the property would devolve equally to all their children.

4. In the instant case, the property would devolve equally to all their 5 children, I.e., 1/5th share each or 20 percent each. In case of deceased legal heir, the share shall be further subdivided amongst the deceased family consisting of his widow and children. In other words, your deceased father's share of 20 percent shall be equally subdivided amongst your widowed mother and your siblings.

5. To conclude it is for your information that you are entitled to equal share in your deceased father's entitlement of 20 percent, which has to be further subdivided amongst your widowed mother and her children.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

1. For change of name in the Khata certificate and to include your mother's name in the Khata , your consent is absolutely necessary.

2. To stop issuing the Khata in your mother's name, send an objection to the Statutory authorities and request them not to issue Khata without your consent.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Now the 4 siblings and my mother are applying for the khata to be made in 5 names. Is this correct? How does the Hindu succession act work here. All of my fathers siblings have children and grand children. When the property is sold, how will this be distributed?

If all the siblings of your father are alive then the khatha(joint) can be applied for on those four names along with the names of your mother, yours, your own siblings because all of you are entitled to a share out of your father's share in that property.

The wards of living siblings are not entitled to any share out of the shares of their living parent during their lifetime.

If the property is jointly sold then the sale consideration amount shall be divided into five shares and you and your family members shall be entitled to one such share.

She has obtained NOC from my sister, but mentioned I was abroad and left me out of this. I came to know about this through other sources. What should I do in such a case?

If your mother is turning hostile to you then you may immediately issue a legal notice to all of them, i.e., your father's siblings and your other and your own siblings seeking to partition the property into equal shares and allot you one such share in the property as per your entitlement in the jointly held property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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