Kindly clarify on what basis you say it is ancestral property
2) you are at liberty to file writ petition in HC if you so desire
Ancestral property of mother
A son/daughter can file a suit for partition in his father's ancestral property but the same son / daughter cannot file a case for partition in his mother's ancestral property. Is it not descrimination among men and women.. Can we challenge in any court of law for share in mother's ancestral property when she is alive and she is not willing to offer share... May be First of it's kind...
Asked 5 years ago in Family Law
Religion: Hindu
23 Answers
Yes,Definitely.
You file partition suit before Civil Court to claim your rights in the property of your mother.
There is no concept of ancestral property of a Hindu woman. A female Hindu whether inherita a property or bus it with money of another she is considered to be its absolute owner.
Therefore if you file a suit for partition for property of your mother the same would be both wastage of money and time.
Decide accordingly.
- Yes, during the lifetime of mother, her children i..e son / daughter cannot claim any right over the ancestral property of mother .
- Yes, you can file a PIL before the Supreme Court for the same .
As per hindi succession Act mothers property is not considered as ancestral property. You need to challenge the statute itself for the same
There's no discrimination.
The law states that the succession of ancestral property is restricted to paternal properties alone and not on the property of mother side.
There's no provision for that, the mother's share of property will come to an end after she inherits it.
She becomes the absolute owner of the inherited property and there's no provision in law to claim a share out of her share in that property as a right by her children or anyone at least not during her lifetime. Hence no case, as proposed by you would be maintainable or would be entertained by court.
Dear Sir/Madam,
The said matter is really interesting and challenging. Being a policy matter WRIT Petition can be filed in High Court.
You can file a writ and challenge the law before the high court
Can anyone file a case without appointment of a lawyer ... Party in person for PIL
Asked 5 years ago
Yes,Definitely.
Party in person is allowed to file PIL.
Party in person may file PIL without lawyer.
No restrictions before High Court but before Supreme Court you need AOR.
You re at liberty to file case in person
no need to appoint a lawyer
Yes you can
Yes, I can provide you citations cases of PIP for PIL.
Dear Sir,
Anyone can file the case as party in person.
If you know the correct procedures of filing, you are not restricted to file a case before any court as party in person.
After amendment in 2005, daughter have acquired coparcenary right, partition suit can file in mother ancestral property.
Through Advocate only
- PIL is a medium through which public issues involving minority or disadvantaged groups or individuals are raised through litigation or legal proceedings.
- PIL is a Petition which is filed by an individual or citizen groups or a non-government organization in the Court pursuing justice on a problem which has a broader public interest.
- The main aim of PIL is to give ordinary people access to the law to acquire legal redress for a more substantial cause. For socially conscious citizens who would like to fix the system through a court of law, the Public Interest Litigation (PIL) is a powerful tool.
- Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern.
Any Indian citizen/ individual or a group of people/a foreigner, facing an issue can file the Public Interest Litigation
The person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest, and not for their personal gain. The Court accepts the litigation only when the plea comes from a large public interest.
The Court can initiate the case, in case they find it justified in public interest. Many times , the Court even , after reading newspapers, or after reading about a particular case, can suo moto initiate action for securing a matter involving general/public interest.
Where to file PIL?
Under Art 32 of the Indian Constitution, in the Supreme Court
Under Art 226 of the Indian Constitution, in the High Court
Under Section 133 of the Criminal Procedure Code, in the Court of Magistrate.
you can file writ petittiin in HC but chances are bleak
yes you can file, you have the right to fight your own case without engaging any advocate
Yes you can with the due permission of the court but it would be better if you hire a lawyer as it is a technical question of law and the depth of knowledge required for it need professional training and practice .
Hope this helps.
Regards
The mother is a coparcener in her ancestral property and hence you may file a case for share of your mother.
Yes a PIL can be filed.
You can file PIL without lawyer but that can easily cut out as you are now a law expert and don't know the deep complications of law.
And who says that you cannot file suit of partition for mother's ancestral property. You can.
You can file PIL before High court of Telangana.
But before filing suit you should understand the difference between ancestral property and self acquired properties because a property is ancestral if it is not partitioned from last three generations and once the partition is executed the property become self acquired property of person inheriting the property.
