If your mother is no more then in the absence of a will the property shall go to all her children irrespective of whether you are a girl or a boy.
If she writes a will then she may give it to anybody.
Rights of daughter in ancestral property left by father standing in my mothers name
My father died intestate in January 1987, leaving behind Our Mother, Brother & Myself(Daughter) as the legal Heirs to the ancestral properties.Eventually, My Brother refused to part with immovable properties stating that as per the family customs, the girl`s will be given only the marriage rights and that not a single bit of the family assets will be given. After this, My Father`s elder Brother intercepted and made Him part with a small piece of land through the court of law. Now our Mother is in Her 80`s and My Brother says that She has not decided anything about Her property and had not written any will or whatsoever. I heard that My Brother is trying to sell the land and give it away to His three children.I`ve been asking my Mother And Brother what they were planning to do, My Mother is scared to say anything and my brother says that mother has not decided anything. All in the family have made will(My Brother, My Nephews etc., though they are in their 40`s ) My Brother says that Mother who is in Her 80`s has not written any will or settlement. Under these circumstances what are the options lying before me to make sure that I get my Mothers share?
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
How to make sure that my mother was not coerced into sign any papers ( She says not) and stop my brother from alienating the property( my mother`s share)
Asked 4 years ago
In this case, can my mother give away all Her share to my brother under duress (Ancestral property).Can my mother & Brother come to an understanding without my knowledge and do anything.? How can I stop them?I have a video evidence , my Mother saying that she`ll give Her share to me.
Asked 4 years ago
As per Hindu Succession Act, the Ancestral property will be divided equally to all legal heirs Male and female son and daughter after the amendment in the year 2005.
No will for Ancestral property, the will would be illegal and invalid to be executed.
Yeah she may give her property to your brother. If you have any doubts about the will you may challenge the will.
If the property is ancestral she can't give. If it's self acquired then only she can give it to others.
1. IF Father had died intestate, THEN "ALL" his residual legal heirs (Wife & Children's) are entitled to "EQUAL share" in the Ancestral Property, without any further legal reference, whatsoever. Ancestral Property CANNOT be Sold /Transferred /Gifted /Donated /Mortgaged /Whatever .... without proper property partition proceedings.
2. For the above either a mutual consent "Partition Deed" may be executed between all the residual legal heirs, for division of their share of the properties .... .OR. .... a Partition Suit be filed in the local Civil Court, to claim individual shares.
3. IF Mother dies intestate, THEN her share ratio shall be EQUALLY divided amongst her children, without any further legal reference.
File suit for partition for division of property by metes and bounds
2) seek an injunction restraining sale of property by your brother and mother
File suit for partition
contact a local lawye r
mother can execute will bequeathing her property to you if she so desires
Mother can by will bequeath Property to her son
you can challenge will on mother demise if it was done under coercion
1. On the intestate demise of your father his properties devolved equally on his widow and all children.
2. You have a 1/3rd share in the property, which you can cull out buy filing a suit for partition and separate possession.
3. Your mother can transfer/bequeath only her 1/3rd share, not beyond it.
4. In your suit itself you can seek injunction to stop your mother from alienating the entire property.
Dear sir,
In such case you can file a suit for partition and seek your share approach a local lawyer of your area jurisdiction he will guide you ; filing a suit for partition is best option for you to get your right in the property of your mother share!!
Madam,
In the present circumstances, you may file a case of injunction against the brother and mother for refraining them for alienation of properties or creating the third party interests.
you can file partition suit before jurisdictional civil court and also seek an injunction restraining under Section 94 (c) and (e) of Code of Civil Procedure . .
We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.
1. You can ask your mother to execute a Gift deed in your favour and get it registered or make a will in presence of witnesses and lawyer making you beneficiary of her properties.
2. You can ask your mother to move in with you to make sure she doesn't sign in papers given by her son.
3. If property is already disposed then only your mother can file suit for cancellation of sales on ground of coercion.
He may be lying. He may have got the WILL executed in his favor under force or influence. You can ask your mother to execute fresh WILL and revoke all previous WILL and keep it with you.
Mother can give her share to any one. Children have no say or objection. Video evidence will use in future to dispute the WILL if any executed by mother under force.
