• Father's self-earned property

My father had 2 wives. They were real sisters.The elder one gave birth to 4 children (2 daughters and 2 sons - I am the youngest of the 4) and the younger one to 6 (3 daughters and 3 sons). Both of my father's wives got some land from their parents at the time of their marriage.My 1st question is whether all the children have their share in that or only daughters can claim their mother's ancestral property.(2) My father had earned some agriculture land and other property i.e.houses etc on his own.Certain part of the property he distributed among his children before his death and some he kept in his name.After his death my elder brother claimed/told me that our father had written all the property in his name as I was staying away for my job in another city .He had never shown the will to me.Now my elder brother is no more he died in 2007.After his death his 3 sons have captured /grabbed that property.Whenever i am trying to ask for the will they start fighting and claim that they have the will but never show it to me.  
As i was working outside my elder brother's family and my elder sister (who is unmarried) were staying together. My elder sister wrote all the property of my mother in her name and supported my brother to grab all the property of my father in his name. I want to know (Que 1) After my brother's death;  who would have the right to the property (passed down by my father to him) - his scions/wife or his siblings  (Que 2) can I or my children claim the right to our part of the property (If yes then what is the procedure)  (Que 3) Can my siblings (immediate and cousins) and their children make a claim to this property.  
(Que 4) My mother died in 1992 and father in 1994.I got retired in 2012. Is there a time limit by when i can make a claim to this property.
(Que 5) Is there a way i can get all the details from RTI (Que 6) Finally without our consent can my brother's children/wife sell this property
We will be highly obliged if you can answer these questions.

Regards
Kumar
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
My 1st question is whether all the children have their share in that or only daughters can claim their mother's ancestral property?
The properties in the hands of married women will be their own and  exclusive property, over which nobody has any share or right including their daughters or sons or husband.


2) My father had earned some agriculture land and other property i.e.houses etc on his own.Certain part of the property he distributed among his children before his death and some he kept in his name.After his death my elder brother claimed/told me that our father had written all the property in his name as I was staying away for my job in another city .He had never shown the will to me.Now my elder brother is no more he died in 2007.After his death his 3 sons have captured /grabbed that property.Whenever i am trying to ask for the will they start fighting and claim that they have the will but never show it to me.  
The act of grabbing away the entire intestate property by one brother based on an a fake or unfound will cannot be considered as valid in the eyes of law, if the brother is no more, then a partition suit may be filed seeking a legitimate share in it impleading the heirs of brother and others as defendants. 


1) After my brother's death;  who would have the right to the property (passed down by my father to him) - his scions/wife or his siblings?
If the property was duly transferred and registered on the deceased brother's name then only his legal heirs can claim ,if not then the property will devolve on all the legal heirs of your father. 


(Que 2) can I or my children claim the right to our part of the property (If yes then what is the procedure) ?
If the property was not transferred properly and it was just like that grabbed illegally by the deceased brother, you have a claim in it as a legal heir to your father and can file a partition sit as stated above. 


(Que 3) Can my siblings (immediate and cousins) and their children make a claim to this property.  >
No, not during your life time.



(Que 4) My mother died in 1992 and father in 1994.I got retired in 2012. Is there a time limit by when i can make a claim to this property.?
No time limit for filing partition suit or claiming the property by partition. It can be claimed any time during life time.


(Que 5) Is there a way i can get all the details from RTI ?
What details, specify.

Finally without our consent can my brother's children/wife sell this property?
In the partition suit you have to file an interim application for injunction restraining the defendant from alienating the property till the disposal of the main suit. 



T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. The share which was given to both the wives of your father by their father has been succeeded to by their children if they have died without making a will. The sons and daughters have equally succeeded.

2. In so far as the self owned property of your father which he did not distribute during his lifetime, it has been succeeded to by his children after his demise.

3. It seems that your sister committed fraud by executing a document of transfer of property of your mother. To remedy this, you can file a lawsuit to challenge the said transfer as illegal. Once the court quashes it you will receive your share in it. Additionally, your sister is also liable to be criminally prosecuted for fraud and cheating.

4. You can also file a case for eviction against your eldest brother's sons who have usurped the entire property owned by your father which he did not will to them. Delay in launching the legal proceedings against them will strengthen their claim of ownership.

5. After the demise of your brother his property would be inherited by his wife and children alone. 

6. Your other siblings too can claim the properties of your mother and father. 

7. The claim should be made at the first possible opportunity. 

8. RTI does not come into play in a case where private rights are breached.

9. They can sell the property as they are possessing it. You should seek a stay order from the court against such sale.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Both son and daughters have equal shares in the property left by their respective mothers.
2. The children of the second marriage have right of equal shares in the ancestral property of the father whereas the child of first marriage have equal shares in both ancestral and self acquired property of their father.
3. The cousins can not make claim.
4. There is no time limit to file partition suit.
5. RTI applies with public authorities only.
Devajyoti Barman
Advocate, Kolkata
5198 Answers
54 Consultations
4.9 on 5.0
1) Sonce mother died intestate them all children will have equal shares in mother property inherited by her from her parents 

2) please clarify on what basis you say property is ancestral . Merely because your mother inherited property from her parents does not make it ancestral 

3)on your father death property would devolve on all children equally . If your deceased brother had will he ought to have produced the same . Issue legal notice and file suit for partition to claim your share in his property 

4) your brother share will devolve on his wife and children equally 

5) you cAn file suit for partition now also to claim your share in property and obtain an injunction restraining your brother children from alienating said property
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1.After the death of your brother, all his property will be equally owned by his wife and his children being his legal heirs,

2.No. Not at all in presence of his 1st class legal heirs,

3.Which property you are talking about? Your demised brother's property? Only his wife and children have right on his said property if he hasdied intestate,

4. There is no time limit to claim own's rightful share of the property if acceptable reason for an inordinate delay in such claim is submitted,

5. What details do you want?  However, you can get the general details through RTI route from any govt. department. In all your above query you have mentioned that the said property is your brother's property. If that is so, then his legal heirs can sell the said property or any part thereof without your consent,

6.The vital question you have not asked is how can your said demised brother claim title of the said property without taking probate on the will he is referring to, from the Court of law? Without the rant of probate, the  will has no value more than a scrap paper,

7. File partition suit claiming your share of all the properties standing in the name of your father and biological mother. 

Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0

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