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About share of sisters and mother in fathers self earned property.
28-Aug-2023 (In Property Law)
I am a hindu from maharashtra. My father passed away few years ago and had not made a will. He owned 10 acres of agricultural land. This was not inherited by him, but he earned it on his own. Now he is survived by my mother, 2 sons ( me and my brother) and 2 daughters. Both our sisters were married before 1994. My questions are:
1) Since daughters are married before 1994, whats their share in the farms and the house, which is also not inherited by my father, but he built it on his own.
2) Since this entire property was not inherited by my father, can my mother claim it entirely for herself?
1) When the property is self acquired and if the person dies intestate the property will devolve equally on all legal heirs.
2) As your father had partitioned the property in three shares during his life time the only bone of contention would be the portion in his name that subsequent to his death was transferred on your mother's name. Although the transfer was done the right of the heirs remain open. All of you siblings and your mother have equal share in the said portion. This is the logic behind the bank seeking NOC from other heirs.
3) When your father made the partition of the property, I presume there was a transfer and that was duly stamped and registered on your respective names. Of that is the case you will need to get NOC only for flats on the builder's share or built on father's share. The bank is seeking indemnity as it wants to be insulated against any possible future claims.
2) As your father had partitioned the property in three shares during his life time the only bone of contention would be the portion in his name that subsequent to his death was transferred on your mother's name. Although the transfer was done the right of the heirs remain open. All of you siblings and your mother have equal share in the said portion. This is the logic behind the bank seeking NOC from other heirs.
3) When your father made the partition of the property, I presume there was a transfer and that was duly stamped and registered on your respective names. Of that is the case you will need to get NOC only for flats on the builder's share or built on father's share. The bank is seeking indemnity as it wants to be insulated against any possible future claims.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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