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Sister asking for share in the property of mother
15-Nov-2023 (In Property Law)
Hi, My dad owned a land after his demise(1890) it got transferred to my mother(on my wish) i established a house on it on all my earnings(All loan papers and proofs are in place). right now my mother favor my sister(whose marriage was covered in my earning and still my support is there for them as her husband doesn't have a good income) Still they ask for a separate share each(mother 20%, Sister 40%) in that property. What can i do in further. What all my mother can do? We are Hindu.
First of all I just wanted to know how your father has acquired the subject property? Secondly the year mentioned your father's death is 1890 or 1990?...and thirdly How does that property transfer to your mother on your wish? and what about the rights of other legal heirs if any?..Pls clarify
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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According to the Hindu Succession Act, in the case of a male dying intestate (without leaving a will), his estate shall devolve equally upon all the first class legal heirs, namely: mother, wife and children. It is not clear how you got the property transferred in your mother's name alone, after the death of your father. Further, it is not clear how you acquired a right to put up a construction over that vacant plot 'standing' in your mother's name. Unless I examine all the related documents which you claim are in your possession, I will not be able to render any meaningful opinion in your case.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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By given details,I understand that the property Stands on your Mothers name and further understand that you have put your Money ,by availing loan,for the development of property and also for your sister's marriage. Subject to the proof,as you have Said you can claim your Share in the property by filing a suit for partition
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Adv. Rajpandyan S
Chennai | 25+ Answers
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