Legal Question in Civil Rights Law in India

My name is R.Bala from Tamilnadu. My mother has a land property. Unexpectedly she died in 1986. My father married second time, after first wife's death. My father given his own brother�s son to gift settlement (sold) half of the above land property on his own without my consent. (That time my age is 25th now is 45) The man who bought the land property is torturing our family to sell the other half of the land to him.

Question's:

1. My father�s gift settlement is legally correct or not?

(Still now I did not put the sign to my father gift settlement)

2. Who is my mother nominee?

3. I think, if my mother nominee is my father and me, father gift settlement is correct, nominee is only me, father settlement is incorrect.

4. Can I recover the property again? How? Please explain the rules.


Asked on 11/14/11, 12:43 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Being one of the Class I legal heirs, you may be entitled to a share in your mother's property. The sale without your consent may not be valid. The rights of inheritance should accrue as per Section 15 of the Hindu Succession Act which reads:

"15. General rules of succession in the case of female Hindus

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1)-

(a) any property inherited by a female Hindu from her father or mother shall devolve, 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; and

(b) 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 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 husband.

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Answered on 11/14/11, 11:30 pm


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