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Offline Enem@123

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Property distribution
« on: April 07, 2018, 09:23:44 AM »
Hello my father have prroperty of 3 cr and he died 2 years ago without writing any will so now my mother have right on that property we are tqqwo brother. And she is totaly favourable to my elder brother as from last 2 years she doing evrythin for my brother and his wife and he do nothin no work propeety rent is coming around 42k /month but shes not giving me a single rupee and if ask for some help she refuse with lame exuses what  legal action i can take and even when i ask my mother to write down will she deny that as well please help me and suggest somthin what should i do in this case

Offline advjaibansal

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Re: Property distribution
« Reply #1 on: April 09, 2018, 05:50:40 PM »
Dear Sir,

AS the property was in the name of your father and he dies without writing any WILL. You all three, two sons and mother have equal rights on the property. You may file a suit for partition if they are not ready for partition. IN the partition suit you may also ask to deposit the rent in court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Enem@123

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Re: Property distribution
« Reply #2 on: April 10, 2018, 05:12:32 AM »
Yup its my fathers property but my father bought everything on my mothers name in that case what should i do sir and thanks for reply
Regards..

Offline advjaibansal

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Re: Property distribution
« Reply #3 on: April 11, 2018, 05:39:53 AM »
in that case the mother is the absolute owner of the properties purchased by the father in her name as per section 14 of Hindu Succession Act.

Section 14 in The Hindu Succession Act, 1956
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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