Hello,
no this is not right. Both of you will have equal share in the property. If he doesn’t give you your share then you may go ahead and file a partition suit.
Regards
My mom died on 2013 leaving me and my dad behind. I am their only child (son). My mom got a land from her parents in 2010. Before my mom's death, she did not make any will. Now my dad told me that he has the first right on that land and after his death I will get the right the land. Is this right? What law says? We are hindu.
Hello,
no this is not right. Both of you will have equal share in the property. If he doesn’t give you your share then you may go ahead and file a partition suit.
Regards
False. Both have equal share each in land i.e. 50%. You can use/sell your share. Father has no say. Any obstruction by father is illegal.
1. There is no such thing as "First Right" as claimed by Father.
2. Under the Hindu Succession Act, "ALL" the residual Legal Heirs of the deceased Mother, have "EQUAL" share ratio in her property, without any exceptions.
3. No single legal heir can claim entire property, IF deceased had not executed any WILL document for her properties.
Both have equal right in the property in absence of bill by the owner of the property and there nothing like who comes first.
The property rights are available only in case of no first class legal hairs.
Your dad and you both have equal right to the property. You can claim partition of or title to the property.
Sir you and your dad have equal right over the property and you shall receive equal share in the property.
As per law you can file partition suit and can get your share from father or you and father can mutually divide the property vide partition deed.
You both has rights on the Mom inherited property as per class II list of Hindu succession act.
On mother demise intestate you and your father have equal share in property standing in deceased mother name
Dear Sir,
U may please see the following rule of Law accordingly proceed.
Section 15 in The Hindu Succession Act, 1956
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
Dear Sir,
Yes, first the children have the rights over mother property.
Section 15 in The Hindu Succession Act, 1956
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the
Ans:Both you and your father are the legal heirs to the property in the name of your mother.
you are equally entitled to the property as your father.
Well, on the death of your mother all her property will devolve upon her legal heirs which include her children and husband in equal shares.
So in other words you have equal share with your father in the said land and to avoid further dispute make a deed of partition .
Hi
In accordance to Section 15 of Hindu succession act, a women property is her absolute property and the Son and husband are class I heirs and both have equal rights
Section 15 of Hindu Succession act in case of female hindus is reproduced below for sake of better understanding.
15. General rules of succession in the case of female Hindus.—
- Since, your mother died without making any WILL , hence as per the provisions made in Hindu Succession Act, the property will be devolve upon :-
1. Firstly Son, i.e.YOU
2. Then your father
- It means your moms property will be distributed equally between you & your father.
- If he fails to give your equal share in the property , then demand your share after sending him a legal notice.
- If, no response from him , then you will have to file a Suit for Partition .
Good luck and dont forget to rating Positively.
Both of your have equal rights in the same unless your mom has willed the same entirely in your fathers name
The property belonging to a woman goes to her sons and nobody else. Her husband doesn't have any share in it.
Regards
The properties that were left behind by your deceased mother shall devolve equally on her legal heirs namely you and yor father.
There is no such law that he will get priority over you to avail her properties first and you can acquire them after his lifetime.
1. Nobody has any first right on the land.
2. The heirs of a Hindu female dying intestate are her husband and children. Hence, both you and your father have an equal share in the land.
3. Either of you can file a suit for partition to cull out the separate possession of your share in the land.
1. As per Hindu succession act both husband and son are legal heirs of a deceased women.
2. The property of married women will devolve equally among both legal heirs.