• Regarding ancestral property

I am a 50 year old person, my mother's name is enlisted in the maternal inherited property, (its an agricultural land) as one of the heirs and we also have other members in the heirs list, (uncle, Aunt and their heirs).My mother married in 1960. she got widowed in year 1998 and now she passed away an year ago...and my name is still pending to be appeared in the 7/12 extract. 
My questions are:
1) Am I eligible to put my name in the 7/12 extract?
2) Am i eligible to enjoy the monetary benefits if the property gets sold?
3) Can the existing members in the 7/12 extract list take any objection of my existence,since it is a maternal inherited property?








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Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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9 Answers

Firslty, Sir, as you have explained that your mother has a share in the anscestral property of her which means that now you have right over her share in the property.

Secondly, you and your sibling if any would get the share out of it.

Thirdly, you should fisrt apply for the succession certificate in the civil court to claim your rights over the property.

Fourthly, then you should file suit for share in the property share of your mother being the legal heir of her.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

On mother demise you and your siblings would inherit your mother share in property

2) your name would be entered into 7/12 extract

3) on property being sold you would get share in property

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1) Am I eligible to put my name in the 7/12 extract?

Answer: Yes you are eligible for entering the name;

2) Am i eligible to enjoy the monetary benefits if the property gets sold?

Answer: Yes you are entitled to the profits made by you for the sale of your share of the ancestral property;

3) Can the existing members in the 7/12 extract list take any objection of my existence,since it is a maternal inherited property?

Answer: No the ancestral property belongs to everyone and therefore each has his own share;

This is my further response to you:

1. Apply for succession certificate before the district court;

2. Apply for legal heir certificate as well;

3. Use these documents to make your mutation on the 7/12 extract;

4. Also approach the tehsildar and distribute the property to each legal heir;

5. If there is dispute then approach the civil court and file for partition suit.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Share of your mother will inherit in you.

Yes.

Yes.

No, if the property is already listing in your mother name as joint owner, her complete share with devolve in you.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. As a Hindu Son, you are a Legal Heir of your mother AND you are entitled to all the property of your Mother, without any further references. This cannot be denied, atleast legally.

2. For your own monetary safety, it is better to get your name incorporated in the 7x12 records, BEFORE the property is sold, since this will have income tax implications for your.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. the property will devolve on you on the demise of your mother

2. your name can now be entered in 7/12 extract as legal heir of original co-owner

3. once your name is added to 7/12, you become a co-owner and you will be entitled to your proportional sale proceeds on sale of land

4. the authority will require the noc of the other owners whose name appear in the 7/12

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1. Yes you along with other legal heirs of mother your other siblings if any are entitled to the property and you can claim partition of same and can get it mutated in your name.

2. yes and the property cannot be sold without the consent of the legal heirs of your mother.

3. No he cannot you have legal right over the property you can claim the property can seek the partition of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Please make an application to the Revenue authorities for adding your names as the heir and legal representative of your mother. did your mother leave a will or did she die intestate? You have every right in your mother's estate be it paternal or maternal.

Regards,

Uma Vyavaharkar-Acharya
Advocate, Mumbai
59 Answers
2 Consultations

5.0 on 5.0

1. Your mother is entitled to a legitimate share in her maternal side property, since she is reported to have died intestate, her own legal heirs, i.e., you and your siblings are entitled to an equal share out of your mother's share in the property. You can seek partition and separate possession of your legitimate share in the property after which you can apply for 7/12 to your name in respect of that property.

2. Yes, you should first demand your share of property from them.

3. You first stake claim for your mother's share in that property, confirm your share and rights in that property, after which nobody can object to your claim.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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