what is the share of hindu widow mother in property
28-May-2023 (In Property Law)
My grandfather has three sons and two daughters. Out of them my father being eldest passed away in 2014. We have a house in Jharkhand in the name of my grandfather which was purchased 30 years ago with an equal contribution from all the sons. This was made in cash. The property is currently occupied by my uncles and grandfather where they carry on commercial activities. My mother stays with us at West bengal. She is being refused of her share in the property. Also we fear that the property might have already been transferred in my uncles' name. What options does my mom have to get her share now ? Also how can we stop any transfer in name if the same has not yet been done ? Please advise.
It is being revealed from your query that your grandfather is still alive and your father expired. Under such circumstances since your grand father is alive and the property is also in the name of your grand father , hence till your grand father is alive and if he died after publication of his last will and testament in that event your may have not received any claim over the property. If the deed or instrument of purchase of the subjected house is also in the name of your father in that event you all have the share in the property to the extent of the holding pattern of the said property. Please check it out and revert so that I may able to advise you accordingly.
Is there any incontrovertible evidence to the effect that the property in question was purchased out of certain contribution from your deceased father's side?If yes, you have a case otherwise​ burden of proof lies on you to show that neither your grandfather nor your uncles​ togetherly had the financial capacity to entirely finance the property at the relevant point of time and thus financial investment at least by default from your father was there.Now what is recorded in the title deed? This document is to be perused thoroughly before suggesting any legal course of action to you.
I need to confer with you in the matter, if you so desire.Kindly contact lawRato regarding further instructions.
I need to confer with you in the matter, if you so desire.Kindly contact lawRato regarding further instructions.
Dear client,
As per the details Provided by you I am sorry to state that as the property was purchased in the name of your grandfather inspite of payments made by his sons in cash as of now he is the only owner of the property and during his life time you or your mother cannot claim anything in the property but obviously you have a claim after his death provided that he does not transfers the property to others.
But still you can chek the options of benami transcation but that is hard to prove.
As per the details Provided by you I am sorry to state that as the property was purchased in the name of your grandfather inspite of payments made by his sons in cash as of now he is the only owner of the property and during his life time you or your mother cannot claim anything in the property but obviously you have a claim after his death provided that he does not transfers the property to others.
But still you can chek the options of benami transcation but that is hard to prove.
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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