Mother died interstate wants to divide the property legally


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)


92 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


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75 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.

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