• For acquisition of my father's property

Hi sir, 

This is in regards to some of our family matters. My father passed away in 2004 and my mother had all property on her name. I was 13 then. Now i am 28 and i have my wife and 10 months kid but i do not have good relations with my mother now as she always has problems with our activities. Can i file a legal notice for the rights of my father's property(as of now in mother's name). I would be on road witg my young child as i do not have anything in hand to survive even. As money was going to my mother
Asked 1 month ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are online now to answer your questions.

15 Answers

If the same are fathers self acquired property and he died without will then you can send her legal notice for your share

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

If your father died intestate than you have half share in father's assets. Transfer of property in mother's sole name is invalid. You can file partition suit to claim your share. Since you are in possession of property, nominal court fees for partition suit. 

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

Since the property was purchased by the father in the name of his wife, the wife your mother becomes the sole owner.

To claim the property, you need to issue a legal notice to the mother to claim your share.

If the mother is still not willing, then you can file a suit before the appropriate court and can claim your right in the property.

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

If the property belonged solely to your father then you your mother and your siblings have a share in the property. How could she have transferred all the property to herself?? 

Therefore file a partition suit against your mother.

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

What is source of funds for purchase of property in mother name 

 

2) if father bought property in mother name you can file suit suit for partition for division of property by metes and bounds as mother had no source of income to buy property 

 

3) take plea property bought in mother name for benefit of joint family 

Ajay Sethi
Advocate, Mumbai
75976 Answers
4544 Consultations

5.0 on 5.0

If it was your father's property and he is reported to have died intestate then the property left behind by him shall devolve equally on all his legal heirs. 

You can file a partition suit to divide the property into equal shares and to allot you one share with separate possession. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

1. IF Property/s were originally in name of Father and IF Father had not prepared any WILL, THEN your mother does not have 100% rights on entire property. However Mother will have 50% share in Property.

2. As a Hindu, you have inherent rights of 50% of Father's entire property, without any exceptions, whatsoever. Further you have inherent right to live /use /possess your late Father's property and this right cannot be legally taken away from you. 

3. Since Mother is not cooperative, you will have to file a Civil Court suit, for your 50% share of Father's entire property, by following due procedures of law.  This is 1000% possible in your favor.

 

 

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

No

You cannot ask her for property.

It is upto her that when and to whom she will give the property 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

1. If your father passed away intestate then on his demise all his properties devolved through intestate succession on his Class 1 heirs (widow and all children) equally.

2. You are free to file a suit for partition in the civil court to cull out the separate possession of your share in the property.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

You can simply add your name in the property card because its your father's property. No need to worry a mother don't hurt to her own child. She may be shouting at you people but her intention may not to harass you people. 

 

Kindly understand her also and think from her way also..... if you are alone son who she will give property keeping you away from it.

Ganesh Kadam
Advocate, Pune
10215 Answers
92 Consultations

4.9 on 5.0

Dear Sir,

After the death of your father yourself and your mother has to share equally as per following provision of law. Immediately file a suit for partition and seek stay if she intends to transfer to any body so as to deprive your right.

================================================================

PRAYER

WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.

a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th

b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

 

==================================================================

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908

 

          For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of  justice and equity.                            

 

                                                                                                Plaintiff

 

Through

 

 

Advocate

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5504 Answers
187 Consultations

4.8 on 5.0

See the title of the property has to be seen, in case if before demise of father property was on his name and there is no will then you have right in the property and you may file suit of partition for same.

Further if property is registered in name of mother you have no right in the property and no suit is maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

1. No need to send a legal notice if property is still to be transferred on name of legal heirs.

2. You can make application to get legal heir certificate of your father from tehsildar and apply for mutation of property on name of you and your mother. 

3. If mother refuse to go for partition then file partition suit to claim your share from father's property.

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

- As per law, after the death of father without leaving any WILL , his property would be devolved upon his legal heirs , i.e wife and children . 

- It means that after the death of your father  , your mother cannot claim entire share in the property ,which includes also minors/yours share as well.

- Further legally , no person including mother have right to occupied the property of a minor , without  getting permission from the Court. 

- Hence , after attaining major , now your share is intact there , and you have your legal right to ask for the same.

- Yes,before filing a suit , you should issue a legal notice to your mother for partition of the property , left by your father , in the form of land or amount. 

- If no response , then you can claim the share after filing a suit for Declaration and Partition before the court. 

 

 

Good luck and dont forget to rating Positive.

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

You can issue notice seeking your share in properties left by your father.

Followed by filing suit for partition of the same by metes and bounds.

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer