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

  • Apply For Legal Heir/Succession Certificate With Expert Lawyers
    Know More

    Click here to see all Property Legal Services
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

Our family property dispute with my uncle..our grand parental will mutation at sub division magistrate…

On my father's expiry, the house stands in the name of my mother. If one…

can married daughter take father porperty on her maiden name ?
My father and his two brothers jointly bought a property in 1990. We lived in…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

View all >>