Legal Question in Wills and Trusts in India
Women's reight to property - India
I am a lady belonging to Andhra Pradesh. My father and mother are past 75 years age and live with me. I am maintaining them. We are two children to our parents � me and my elder brother. I got married in 1973. I have 2 daughters � one married & employed and the other studying.
My brother passed away in 2002 leaving behind his wife and three daughters � two married & employed and one studying. He did not make any will. His widow is now living with her parents who are very rich.
Our family�s ancestral property comprises of agricultural lands and a house. My father got this property from his adopted father.
In 1986, my father and my brother had a partition of the ancestral property. No share was given to my mother or to me.
My brother fraudulently pledged FATHER�S SHARE of property for some loans. Bank has taken away the property.
My brother�s widow is now planning to sell the share of her husband (my late brother).
Kindly let me know if I and my mother are entitled to any share in the ancestral property.
Kindly advise me on this matter.
3 Answers from Attorneys
Re: Women's reight to property - India
You have to file a Family Partition suit where you have to claim your rights.
You may contact me with your file for details
Re: Women's reight to property - India
Madam,
Refering to your proposition it is stated that as per Indian succession Act& Hindu Succession Act your mother has a right to share in the movable and immovable properties left by your disceasd brother but you have no right in the property of your brother.But you & your parents have right to challenge the pledge made by your said brother to bank for which you have to approach civil court and can claim back the property.The limitation in such case is 12 years.
thanks.
siddharth
Re: Women's reight to property - India
Madam,
If your brother had fraudulently pledged your father's share you and your mother can approach the civil court challenging the said mortgage. After the death of your brother, his property devolves on his wife, mother and children. Therefore your mother can file a civil suit and obtain an injunction restraining the widow from alienating the share of your mother.
- P.Rajendran, Advocate, High Court, Madras
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