quesHow to claim share in ancestral property?

Mother and brother don't want to give rightful share in property, which is ancestral. Dad inherited it, left no will. Two flats combined into one, mom says one her's and one son's will give her flat to her son. Have no financial means to fight them, am a widow, children not settled as yet. Have no property in my name, want to be secure in future without having to depend on children. Brother planning on selling flat after mother, joining his family in US. Pl advice if any legal cell for women in Mumbai. Went to Majlis, but they only dealing in domestic cases, so no help forthcoming.

  • ans

    Assuming you are Hindus,

    As per  Section 6 of the Hindu Succession Act, you have a right on the ancesteral property.

    Further you will have to file a suit for partition thereby seeking claim in the property and alongwith the application you will have to file an application for temporary stay, thereby seeking status quo which means that your brother cannot sell the property.

    It is an individual private matter, so you will not get  free legal aid in this matter.

  • ansyou can file civil suit against all the co sharer, so you need to appoint one good civil lawyer and consult with him. there are remedies availbale for you you have equal share in the property as the brother or sons do hav being the property is ancestral if you come under hindu laws.

    Advocate Sagar Kothari

      District Court Shivajinagar, Pune

  • ansyou can file a Suit for Partition against your mother and brother. further, if you want immediate remedy for residence then you can proceed under Domestic Violence Act. being widow you need not pay the Court Fees.

    Advocate Sangram Singh Desai

      Shivajinagar, Pune

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