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Right of the son on ancestral property of mother after her death
24-Aug-2023 (In Property Law)
My mother died in1974 when I was 5;years old. My mother's mother , grandmother died in 1992. My mother has two more sisters and one brother. In the ancestral property which was my grandmother's name, after her death in 1992, they have shown only 2 daughters and one son and there is no mention of my mother at all. I think as per Hindu warasa act, they should consider me as well since I was there as heir after my mother's death. Please clarify is this correct understanding?
Yes, ur understanding is correct. U have to file a civil suit agaist ur uncle and aunty by challenging that mutation entry.U have to engage a good advocate and ask him and show him all documents. I m opinion
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Adv. Bipin Agrawal
Mumbai | 50+ Answers
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Rules of Succession - Female Hindus
The property of a female Hindu dying intestate shall devolve:
firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
secondly upon the heirs of the husband;
thirdly, upon the mother and father;
fourthly, upon the heirs of the father; and;
lastly, upon the heirs of the mother
However, if any property is inherited by a female Hindu from her father or Mother it shall devolve in the absence of any son of daughter of the deceased (including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father; and any property inherited by a female Hindu from her Husband or from her father in law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon their referred to above, but upon the heirs of the husband
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Adv. Dinesh N. Shah
Pune | 25+ Answers
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This is my response to you:
1. Yes as per Hindu Succession Act if your mother is not there then her children will get the share;
2. Since it is ancestral property the share should be divided equally;
3. If you are not getting a share send a legal notice;
4. If they still refuse to offer you the share then file a suit in the civil court for partition.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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Hello,
As per Hindu Succession Act you are eligible for the share in the property, you can approach the local tehsildar of your jurisdiction. File a letter stating the property details and claiming your rights in the property as a legal heir than approach to the court for the stay and claim your share.
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Adv. Chinnmay S. Shah
Mumbai | 100+ Answers
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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.
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