• Property division after death of father

We are tow daughers to my father and both of us are married. After my father demise legal hire certificate obtained by my mother. Later My monther adopted a boy un officially. agricultur land and house purchased by my father with his hard earned mony when he was alive. 
 My mother sold PART of the land and purchased some other land on her name without our knowledge. We both sisters are asking her to devide the property and to register with our names. my other is not listening and she says she will give at the end of her life. We are worrying so called son may grab every thing.
question1. Do we have right on the property?
              2. Is  my mother authorised to give property to anyone whenever she likes? 
              3. What should we do to get property with immediate effect?
              4.How to proceed legally? 

Vijaya
Asked in Property Law from krishna ( district), Andhra Pradesh
Religion: Hindu
On father demise you have one third share in property standing in his name 

2) your mother has only one third share 

3) your mother can at most sell her one third share in property 

4) file suit for partition to claim your share in property 

5) also seek stay restraining her from selling the property 

6) for adopting son deed of adoption is necessary 

7) unofficial adopted son has no share in property 
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

Hi,
In reply to your first question, you and your sister along with your mother are all legal heirs to your father's property, meaning you all have equal rights and share (ie; 1/3rd each)to the property owned by your father (including the property sold by your mother without informing or taking permission from you two).
      To your second question, your mother can give her self acquire property only or her her share of property to anyone she wants. However, that does not include the property which she has purchased by selling off her husband's property illegally.
In reply to your 3rd & 4th question, immediately file a partition suit and also challenge the illegal sale of your father's land claiming share for you both. As an interim relief you can ask the Hon'ble Court to restrict your mother from further selling or transferring of your father's property till the matter gets decided by the court. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations

4.8 on 5.0

question
1. Do we have right on the property?

Yes as legal heirs of your deceased father you both have equal rights in the property at par with your mother.


              2. Is  my mother authorised to give property to anyone whenever she likes? 

She can give or transfer only her share i the property an not the entire property in which yo have a right or legitimate share.



              3. What should we do to get property with immediate effect?

You can ask your mother to partition the property amicably an allot you both each with your respective and rightful share without approaching court.




              4.How to proceed legally? 

File a partition suit seeking partition of the intestate properties and separate possession of your respective share in it. 
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

Un authorisedly adopted son ( without our consent) has been  using my father name/mother name on  ADHAAR CARD, voter ID card and Education certificates . Has he got any ritght on properties along with us?

He may doing so to prove that he is the son to your father at a later stage with an intention to grab the property. 
He has no rights in the property.  
You can object to his using your father's name in the government documents, issue him a legal notice to remove our father's name which he is using it illegally.
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

My mother is not giving not showing property docments to us. How to get register property on our names?

First yo get the certified copies of the registered documents fro the registrar office and then file a partition suit.  After getting the partition of  your share in the property, you can register your name through the partition deed in respect of your share of property.
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

My mother sold PART of the land and purchased some other land on her name without our knowledge. We both sisters are asking her to devide the property and to register with our names. my other is not listening and she says she will give at the end of her life.

In your father's self acquired property, upon his intestate death you both have equal rights in the property along with your mother.
The sale of some portion in the property by your mother without your knowledge or consent can b held illegal. 
You may file a suit to cancel the sale deed or to declare the same as null and void for the same reason stated above.
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

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