Father passes before 15 years and property is in name of mother

Property is in name of my mother .can I file for my share my father passed before 12 years and I m married and I m a woman

Answers (2)

153 votes

you have not mentioned how the property is registered in the name of your mother. if the property has been transferred in the name of your mother by virtue of a will then you can not claim your share. The woman has acquired rights after December 2004 so if anything has taken place before that then you cant claim your share as women have been granted status of coparcener only after Dcember 2004.

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165 votes

In case the property is held by your mother which is in nature of personal property, ie either property was purchased in the name of your mother, or it came to your mother's name in consequence to will made by your father or anyone else, then you may not have right in property, though your mother may give you property if she wants.

In the event property was in the name of your father, and there was no will and your mother inherited the property then you may have right to claim the property.

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