My father has acquired certain property including farmland, homestead land. All the property purchased by my father, was in the name of my mother. My mother died in 1989 and my father in 2010.
We are 2 brother and 2 sisters all together. Both the sisters are married, around 35 yrs back and currently doing well.
Now what are the rights on the property for each of us ?
Asked in Property Law from Balasore, Odisha
All legal heirs have equal share in property standing in name of deceased mother
1. Since the properties are not ancestral, all of you including your married sisters shall have equal right on the said property of your mother.
2. You shall have to register a partition deed if all of you agree fro the partition and if some of you object to the partition, you can file a partition suit for which the Court will depute a Commissioner to make the said partition and in that case, the order of partition to be passed by the Court will be binding on all of you.
Thugh the properties were bought by yor father, since it was bought on your mother's name, it becomes your mother's property.
As your parents reported to have died intestate, the properties left behind by them shall devolve on all their legal heirs consisting two sons and two daughters.
Therefore all the four children of your parents are entitled to an equal share in the properties.
Since the property was purchased in the name of your mother, section 15 of Hindu Succession Act will apply.
In accordance to Section 15 of Hindu succession Act, all of the siblings 2 brothers and 2 sisters will get equal shares of the property.
So all of you will get 1 equal share of the above mentioned property standing in the name of your mother.
Hope this information is useful
Unless your father has pooled the property into HUG it remains his separate property, which he can sell, gift, bequeath or mortgage at his sweet will during his lifetime. You and your siblings will get a share therein only if he does not make a will during his lifetime.