1)you and your mother have no share in the property
2) your father has one fourth share in agricultural land
3) on his demise intestate your mother and you would be the legal heirs
Rights on grandfather's self acquired property
Hi, My grand father had a self aquired agricultural land which is divided between his 4 sons after his death. my father being the second son. My father left the home 20 years before with an extra marital affair. From then, my mother is taking care of the property. Now my father has come back saying it's his property. Can I and my mother claim any share in the property? If yes, what will be our share? Please advice. Thanks in advance.
Asked 8 years ago in Property Law
Religion: Hindu
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11 Answers
Brother, it's your father share .. You and your mother cannot claim any right over ther said property
1. Did you obtain a declaration from the civil court that your father is presumed to be dead? If no, then your father continues to be the owner of the property.
2. During the lifetime of your father neither you nor your mother has any share in his property.
Hello,
1) As the property dues not fall in the category of ancestral property you won't be able to make a legal claim in the share of the property that came to your father by a division after the death of his father.
2) However, by principal of adverse possession you and your mother could have acquired title over the property that has been in your possession so long. 12 years possession would entitle you to the property.
3) Of you are in possession of the property your father will have to move court to evict you. Your defence would be adverse possession in court.
If it is an inherited property then you as a son will have a share in it and also your father can any day claim that it is his share, still you can go ahead and file a civil suit if you want.
Regards
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I
According to the above rule, this land must have come to your father and his brothers.
During his lifetime you cannot stake a claim upon your father's share in this property.
Your mother has no rights in the property especially during the oifetime of your father.
Your father can claim his share of property anytime.
Your mother or you cannot deny him the rights just because he fled home 20 years ago and now he is back for the property.
This share of property is your father's own and absolute property in which neither your mother nor you or anyone has any share or rights in it during his lifetime.
Thanks to everyone for your valuable opinions. My father didn't take care of us in any aspect like my education, marriage or my mother's illness. More over we have spent so much money on that bare land of his which is a coffee Plantation now. From the above answers I understand that wife and daughter doesn't have any rights to live with their fathers property? Is it not his responsibility to take care of us? What if my mother applies for divorce? Do we get our share?
Asked 8 years ago
1) mother has right to stay n her matrimonial home
2) she can seek injunction restraining husband from selling his share of property
3) she can seek maintenance from husband for herself and children
4) in event of divorce seek alimony from husband
5) she has no share i n husband property on divorce decree being passed
Hello,
1) The fact is that while you were a minor your mother could have legally sought maintanence for you in a court of law. Unfortuantely you cannot file for recovery now. Your mother is still eligible to be maintained by him as she continues to be wife.
2) Your mother can certainly file for divorce and seek maintenance and alimony.
3) Let her seek a huge alimony, to the worth of the property under circumstances as he had abandoned her with the child all these years. He will be compelled to pay or make a settlement.
1. A man is liable to maintain his wife if she is not self sufficient, but he is under no obligation to maintain his children once they attain the majority.
2. Your mother is free to file a petition for dissolution of marriage, but this will not qualify her to claim a share in the property of her husband.
As opined earlier I reiterate that your mother nor you have rights in your father's property or share of property that he inherited from his father, during his lifetime.
Even if your mother files a divorce case or not, she is not entitled to claim a share out of his property as a right.