LawRato

Mother died interstate wants to divide the property legally


22-Mar-2023 (In Property Law)
My mother died 15 yrs ago and my father married once again .Her ancestral property is getting divided now between me and my father but my father never looked after me and he has also married and has a child.My grandparents from my father's side looked after me but now he wants his share in my mothers ancestral property. I am Bengali Hindi from West bengal
Answers (2)

Answer #1
937 votes
You need to come to our office with all the related documents so that we can provide you the best possible remedy to your problem. We will try to get you the proper justice within required necessary time. You need to file a partition suit in the civil court of your jurisdiction.
Helpful? LawRato LawRato
Answer #2
536 votes
As per Section 15(2) (a) of the Hindu Succession Act 1956, any property inherited by a female Hindu from her father or mother shall devolve to the son or daughter of the deceased (including the children of any pre-deceased son or daughter), in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father. Hence after your mother's demise, the ancestral property of your mother shall directly be devolved upon you, not to your father, hence your father does not have right over such property, All the best. Regards
Helpful? LawRato LawRato

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."