Can step mother sell dead father's property w/o asking all sons?


I am the elder son, my father did 2 marriages and my mother was his second wife, my step mom has 1son and my motther has me and my two younger sisters. I was 7 or 8 years old when my parents died, and my step mom says that they commited sucide. My father has a property which was on my grand mother name, he transfered it to my step mom a year before his death.

 

A tenant used to live in that house and now when I asked him to vacate my house, the tenant said that my step mother sold the property to him. We are not aware of it and she sold it without our intimation for a very less amount. What can I do now?

 

Answer

 

If the property of grandmother was inherited from your grandfather, then it is your ancestral property and by virtue of Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son.

 

The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,” which has been pronounced by various judgement. In such case you can give legal notice demanding eviction. If they fail to vacate the premises you can file suit for eviction.

 

But if the property is not inherited by your grandfather and is a property of your grandmother, then it will not be an ancestral property and thus Section 6 will not be applicable. Then in such case we will have to examine, how the property was transferred to your stepmother. Only after examining the paper we will be able to give you legal advise. 

 


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