Sample Questions – Family Disputes


Q1. What is the meaning of nominee?

A. Nominee is a person to receive the benefits under nomination and distribute the same to the legal heirs/beneficiaries under law. Nominee can also be one of the legal heirs to take the benefit. This preposition has been laid down by the Supreme Court in a case pertaining to LIC nomination.

Q2. I an a married man of 25 yrs. I have younger brother and a younger sister. I had a love marriage last year in the same caste. Now after one year of our marriage my parents are forcing me to leave the house and I don’t want to do so(because it is ver spacious and have different floors.) Here is the brief history of our family: My grand father came to India in 1947 from Lahore, Pakistan and after the partition. In India he stared in new life and made a house and shop in prime locations of Delhi. In 1984 my parents got a WILL Signed by my grand father that the whole property belongs to only and only my father.

(My father is the only son with 4 sisters.) In 1991 my Grand Father died and again my parents took NOC from my aunts and executed the WILL. My Question is: 1. Do I have any right on the property even though my father does not want to give it to me? 2. Can they throw me out of the house force fully? 3. What should I do when they become physical on this issue? 4. They have locked the kitchen & bathrooms so that we should leave the house ourselves in frustration. What should we do in this case?

A 1. No, you have no right in the property. 2. No, they cannot throw you out of the house forcibly. Before they throw you out , they have to approach the Court of Law and get the orders. 3. If they get physical on the said issue then you should file is suit for injunction against them, asking the Court to restraining them to throw you out forcibly. 1. Break open the lock and inform the police and also file a compliant of trespassing.


Q3. Is there any limit (as per the law) tot he “Meher” (in Muslims i.e. is SHIA) that is to be paid by husband to his wife keeping in view the earning of the husband, or it has to be as per the amount that is written in nikahnama?

A. There is no limit to Mehar even under SHIA Law. The husband may settle any amount he likes by way of Meher upon his wife, though it may be beyond his means.

Q4. Does the amount of MEHER paid to the wife by her husband becomes half or nil after the birth of first child or still it has to be paid in full as per the amount written on nikahnama.

A. The amount of MEHER paid to the wife by her husband will have to be paid as per the amount written on nikahnama. It is a consideration of marriage and has no connection with the birth of first child.

Q5. Do husband possess any right do demand his wife salary in any case?

A. NO, there is no legal right to demand his wife salary. It can be done only through understanding and persuasion .

Q6. I got a problem. I got married 6 months ago. My was not able adjust in US. So she went back. Now her father asking me come back and settle there. I didn’t agree for this. He tried black mailing me to come back to India or else I file a case. Now he did that saying I send her back India asking to bring money to here for business and he said he is going to report Embassy also. I don’t know what to do. They filed cheating case everything. I don’t know how to react from my side. Do I have to report INS or Employer. How I have to overcome this.

A. On filing of any case by your In- Laws/Wife you can contest the case through an advocate. At this stage it is difficult to assess as to what type of cases are likely to be filed by your wife. As a precaution you can inform your employer. So long as you are in US they will not be able to do much against you, but if your have family in India, they can be harassed by the girl on false charges. Please give details so that we can guide you better.

Q7. I have heard of Hindu undivided family law. What does that mean? Does it say that grandson has the right to the property(made by him) of the grandfather ? Even if he has written a will on his sons name.

A. Grand Son has no right in the property of his grand-father. Grandfather is competent to give the property to his son by writing a WILL, if the property is the self acquired property of the grand father. If the property is an ancestral property then no WILL can be made, and in such a case the grandson will only get a share out of the share of his father.

Q8. What should I do then. My parents are trying to throw me out of the house because of my brother. Is there any way my family and I be protected under certain law.

A. You should file a suit for permanent injunction against the family and seek stay of dispossession as interim relief. Contact advocate for detail and for filling the stay. You will have to show your right in the property by showing of as an ancestral property or otherwise.

Q9. It is not ancestral property. What should I do now ?

A. Even if it is not ancestral property, the person in possession of the property cannot be dispossessed by force. Your possession is legal and you are a licensee in the premises. You may file a suit for permanent injunction with an application for stay against your family with a direction from the Court that you should not be dispossessed from the possession of the premises under your occupation without due process of the law.

Q10. Ours is considered to be Joint Hindu Family . My grandfather has three sons and two daughters,. My aunts are married and their marriage expenditure has been borne by my grandfather. Thought my grandfather and all his sons reside at the same place but internally all three had partitioned. However, there has been no formal partitioned deed executed. My grandfather had executed the will in 1990 wherein he had distributed the property among his three sons. However, at the time of execution of the will my youngest uncle was not married. He got ,married in March 1994. They have got one daughter out of this marriage. Unfortunately his marriage has been unsuccessful. My youngest auntie has never stayed at my uncle’s place for even seven days continuously since their marriage. She mostly remained at her parents place that is at Ulhanagar. Their relation was bitter and my uncle had to undergo lot of mental trauma. Finally , the result was such that my uncle lost his mental balance.(Unfortunately, we do not have any medical certificate or evidence to this effect. But we do have witnesses for his said condition). In such mentally imbalanced condition, my uncle is reported missing from his In-laws house from December, 31st 1995. The report of his missing is lodged at Ulhasnagar Police Station. He is still missing. Further problem is that, then my youngest auntie has filed the suit against my youngest uncle, my parents and my elder uncle and auntie under Section 498 (criminal offences for sake of dowry). The allegation made in case are for dowry and harassment. These allegations are totally false. The case is still running at the Ulhasnager Court . The case had been filed up in February, 1998. Looking at such situation, my grandfather terminated the previous will and executed the fresh will in June, 1999. In the new will, the property that was suppose to be of my youngest uncle as per the old will, my grandfather has distributed it among his grandsons(i.e. I, myself and my cousin-son of elder uncle). Now my grandfather has expired fortnight ago due to his old age and medical,etc. Now I shall be highly grateful to you if you can provide me opinion on the following points:- 1) How strong is the case of my auntie under section 498 specially when she has not stayed at her in laws place for continuous 7 days? Also, that her husband if reported missing from their i.e. his In-laws place? Further , partition already existed in the family before his marriage. 2) Now, that my grandfather executed new will in which there is no share for youngest uncle-Can she makes any claim in the property? Specifically in the context that the property has been distributed among the grandsons and she bears the daughter our to the marriage with my uncle. 3) Now that my grandfather has expired, how do we go about transferring the property as per the will grandfather? What are the legal proceedings fort he property transfer based on the will of deceased?

A. The success of the case under Section 498-A lies on the proof of facts in the Court and the strength of the case cannot be decided on the basis of the facts that you have disclosed. All these arguments that your aunt never resided in the family even for seven days have to be proved in the Court. The court shall still have to examine your aunt’s allegations regarding dowry etc. The legal procedure will take its own course and matter would be decided on the basis of evidence produced by both the parties. 1. If the property was personally owned by your Grand Father, he has the right to execute the WILL in the manner he likes and your aunt cannot claim her share as a matter of right. It is not clear from the facts, how the property was distributed when your grand father cancelled the previous WILL and executed a fresh WILL. If you mean that the distribution by WILL, then the distribution has no meaning and succession of the property has to be as per WILL (I.e. the last WILL). 2. In order to give legal sanction to the WILL, you may file a petition for obtaining probate of the WILL in the Court and if the WILL is proved, the property will be distributed according to the WILL. If the WILL is disproved, then your uncle (who is missing) will have the right in the property and the minor daughter can claim the share of her father.

Q11. What are the legal duties & responsibilities of an unmarried financially independent daughter above 21 years of age towards her parents?

A. Section 20 of the Hindu Adoption & Maintenance Act, 1956 provides for maintenance of the children and aged parents. Under the provisions of the said section, Hindu is bound, during his or her life time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. However, a child may claim maintenance from his or her father or mother so long as the child is minor, i.e. a person who has not completed 18 years of age. When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act, 1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased. In your case though it is not clear whether the deceased has a surviving widow and mother but in case there are only two surviving daughters and a son each one will get a share each i.e. 1/3 of the undivided share in the property. In case one of the sisters of your friend is willing to relinquish her share in favour of the other sister, she can do so by executing a relinquishment deed in her favour. However, in case your friends father has left a residential house, which is occupied by your friend and other members of the family, then under Section 23 of the Hindu Succession Act, 1956, his sisters can not claim partition of the said House till the son (i.e. your friend) chooses to divide the respective shares in the said house.


  1. please suggest me someone to whom I can contact for my family issues & harrasement by my own father in law as am unable to write my problem in words.

  2. hi sir
    We have been under an ordeal in getting the right to our family home. to give you some background my grandfather moved to delhi in 1947 from west punjab and bought a house in delhi. since then the entire family has been living there,after his death through mutual understanding my dad and his brothers and sisters(no claim) got the legal documents executed as there was no will left behind, according to the will the four storey house now had 5 legal heir i.e the five brothers each having 1/5th share in the property however no mentions of any kind has been made as to which party has the right to which even though we have been living on the third floor of the ouse since the last 25 years we still have no right or proper legal documents to sell it since my dad has 1/5 th right on the entire house but no right on his floor..2 of the uncles that are possesing the expensier floors(ground and first) have agreed for the settlement but the other 2(second floor and fourth floor) uncles are vehmently opsing it..the lawyer advice is go ahead and file a court case however it makes little sennse as its time consuming and no other party is willing to stand on my side ..the former ones dont want to miss on their expensier flats and the latter ones are mere trouble makers who dont want any settlement whatsoever and see me finally bowing down to their demand i.e sell my flat to them at half the true market price…so yo see its kinda like all of them teamed up against me since i’m young(21) and my dad already passed away..just greedy foxes liniing up to usurp our right…please help with any suggestions!! a million thanks in advance

  3. grandfather(christian) transfers his self acquired property to his son by will .
    Now whether such son can transfer the property acquired through the will by GF can transfer to one his sons leaving others not to share the property?

  4. i am from karnataka and i m married and i stay with my wife at parents reside at father is a officer and has a yearly source of income and we r independent of each other financially.Now i have obtained a bacward class certificate on the basis of my income it valid or had i to include the income of my father also?

  5. Hi,My Grandfather had a shop at my native place. Now that shop is taken over by my yongest uncle and he is refused to divide the share between rest 3 brothers including my Dad.We know that the shop is on my Grandfather’s name and it is not transfer to any sole name.We do not have a document for the shop and its in the possesion of my yongest uncle. Can we still file a suit against my uncle and if yes, what should be the process?

  6. Ours was a joint family house .. now devided equally from the centre , an old wooden structure in Himachal pradesh,
    My quiries are as under :
    1. Can i break my side of the house ?
    2. If i break my side of the house , their side is definitely going to get affected since it has common logs and common structures.
    3. What if they get stay orders from the court.
    The land is in the heart of the city and o would like to convert it into shopping complex.

    We are nt into talking terms with them , please suggest / advise on the isssue and also give references and quote related laws

    Thanks and regards
    Maj Palden Thakur

  7. my father has 3 father is central gov employe. al his life income he spent on his brothers so even he spents his when he needs money my grandfather and my uncle refused ko give parental property. even they are selling the parental property and not informing my though my father has no savings my grandfather is not giving ansectral property he is in very tension..plz guide me what my father can do to get his ansectral property soon..coz after 8 month their is mariage of my sister and my father has no money.. plz guide me…

  8. I am Nitesh Chauhan, stay with my mother and little bro, my father death in 2008, that time i’m 14 years old, my grandfather and we have not any relation to talk and much more, in now situation i’m very poor and i want money for my education, also my grandfather have property in our native place, but they didn’t give my part to me, so i want to suggestion that how i can received my part from my grandfather’s farm?

    Give me Solutions………………..

  9. I am from Goa. My dad has two brothers. They both are fighting for my grand parents (died) house. But the house was given to my dad but it is not on his name. My dad pays the house tax & everything. Does my dad brothers still has the right on that house? & how to make that house on my dad name? please help!!!

  10. My grandfather had his own property. He died leaving four sons. Four sons decided to develop the property. Everybody took their own share. One of them was my father. we are three brothers and two sisters. My Father made a will and gave his share to me by will. Can my brothers challenge the will?

  11. I am a Kerala Muslim husband was expired 1 month back.I am having only two daughters 19 years old (married)and 14 years old.

    How I can transfer my husband properties (land) to my daughters .
    all properties of my husband is his name only.
    My Husband having 5 sisters and 1 brother.
    is there any right to my husband’s family for the my husband’s properties??.
    They are trying to take my husband properties.
    what are the steps I have to follow???
    my daughter already given application for legal heir certificate to village officer.

  12. I and my elder brother is in joint father has expired in 1995 since we are in joint family.There is no formal partion of family is done.All property of my village and one residential house in Delhi are in combination.Fact: Residential land situated in Delhi has taken in the name of my brother’s wife in the year 1981.Now they refused to give share in the house of Delhi and claims 50% right in the Village ancestral land.1.Is there any possibility to claim the house situated in Delhi?if yes under which Act?

  13. As I was guarantor of a firm for 25 lacs. Manager of Union Bank of India Chandigarh took possession of my house by breaking locks in my absence and sold my house on 26,4,2011 when the matter was pending in High CourtFirm want to repay the money. Even I deposited Rs 5 Lacs with the Bank as ordered by the the court.How how I can get my house back as I am 69 years old and want to die in my house

  14. my father passed away on april 2007,now my mother in influence of other trying to make me aloof of my father’s property.(my father wanted to distribute the property before his death,as he was aware of the circumstance).what should i do?please suggest

  15. Huf constitued in 1970 saying that property now belongs to all my sons and daughters .The property now belongs to my joint hindu family.That all ingredients of HUF shall govern the property.Then in 207 he executes a will giving property to some of the heirs.Is the will legal, since the Huf has not been dissolved before sigining the will.

  16. i am kevin frm bangalore here is my doubt my dad co-brothers and sister have filed a case on my dad self acquired property claiming that the property was earned with help of family expense and they want share in our dad property and now all sister and brothers wre withdrawn frm the case and they have signed in memo stating it’s self acquired property of my dad except one co-brother of my dad.All have signed that it’s self acquired propety of my dad nowt he one brother of my dad have not withdrawn from the case… will the case be dismissed pls answer

  17. jastej thanks bro….bt my dad co brothers and sisters 12 people have withdrawn stating in the memo that it’s self acquired property of my dad except only one… will case favour us? pls answer

  18. Certainly Kevin. Where the other relatives speak in your favor, it will add to your evidence and it is a positive development.

  19. you seem to have a good case at hand. but without going through the requisite documents it is not possible to answer your query.

  20. hi… I am a 25 year old girl. My dad is schizophrenic patient. My father’s family knows this and my mom’s family too. We never went public about his disease and provided him medicines mixed in food. We posessed 25 year old medical subscription for his disease, but its lost now. I have 5 uncles and 2 aunts. They are not ready to distribute the paternal property to my dad, on account that he has got two daughters, along with taking undue advantage of my father’s disease. My grandfather died without preparing any Will. I have heard about government taking some fees and dividing the property, when will has not been prepared and children are not able to decide. Is it possible to solve this issue through that? Can I file division of property alone. or I need every uncle’s consent? In such a scenario, If required, Can I fight the case for my grandfather’s property not being distributed to my father on account that he is blessed with 2 daughters and not a son.

    Apart from that, the present house we live in, had been booked long back in 2003. We named it on my uncle’s name on account of trust. My mom educated him since graduation and took care of his expenses including his marriage, his family expenses and all, but that would be of no help in fighting case for property. Loan and house, both are in his name. The initial payment for this house had been done from a joint account of my mom-dad. Later my uncle’s name was added to the same joint account for loan. My maternal uncle provided some amount of money, dividing total amount into three, transferred in each one’s name in the same joint account. Will bank provide the date when he was added in mom-dad’s joint account? We possess all the bank receipts for loan payment, along with initial receipts for house booking. We possess a written and my uncle’s signed division of investment of money in house(But on a simple paper, not on Stamp paper). Apart from that, we possess all the electricity bills, water bill, gas bills, house tax papers(except a few, which he took from my father and my father showed the rent receipts for tax saving for 2 yrs). My father will not fight case and there is no guarantee of his behaviour (accounting his disease). In such a scenario, will a present day prescription for his disease will work out (I have read that schizophrenia is detected only after twenties of age, will it be valid if we produce a present day prescription of medicine, as it is not detected even in MRI scan)? Can I or my Mother fight a case against my uncle, proving that though the house is in his name, still all the amount has been invested by us? We possess a recording of conversation between my uncle and mom, where he has accepted the total amount invested in house, that makes rest of the calculations easy to prove. He has undoubtedly invested 1 lac out of 7.5lac and we are ready to hand him 6lacs at present day (as the house amounts to 30-40 lac today and he insists his amount to be returned with interest). He wants to sell the house, but we dont want to. Are there chances of winning this case? Is it legal to use the recording in court? We should file case in family court? Request you to please guide for the same.

  21. Hi
    My mother was a Professor. She passed away on 21st Nov, 2012. She invested her entire life’s earning in the house in which my father started residing with another lady and his son from mid March, 2013, even without informing us. I and my elder sister are married and settled in different place. Everything in that house right from curtains to all electronics and furniture’s were brought by our mother and some by us as we both are working. She also got the actual 5 rooms house extended to 10 rooms, got it painted, electrified, plastered and renovated. Beside these she also builded a house by taking home loan on the same plot of land, it is given on rent. She got a Will drawn by a lawyer who is also our family friend and very close to our father which I came to know now.
    Now, the issue is that the plot and the house are in our father’s name and the Will is still in the procession of the lawyer and is not disclosed to us by both our father and the lawyer. My mother told me about the Will when I visited her last June, i.e, June, 2012 and also told that in the Will she has given everything she have in my sister and my name.
    My father is also trying to take the family pension and gratuity without declaring to the authority that he is re-married. Not only this his lawyer friend also called up my sister’s husband and told him to inform us not to visit our house in Assam. We are in big shock that our father is doing these but now water is going over the head and we have to take some strong action.
    I and my sister want to take our mother’s property out. How do we do this? We also want to take legal actions against our father and his lawyer friend. Is it possible to complain in Bar Council against his friend for not performing his professional duty and get his license cancelled? Apart from complaining for committing fraud what other charges we can put against our father and all those who helped him in getting that lady at home? We also have doubt that our father had previous relation with that lady and with the help of his friends and relatives they have slow poisoned our mother.
    Property is located in Assam. My mother was Hindu and father is Muslim. Needs urgent help please.

  22. Thank you for giving your valuable time.. Can we use recording as proof in court? Or it would be treated as breach to information security?

  23. This question needs a very detailed reply. Otherwise, the recordings are allowed subject to certain conditions.

  24. If you smell foul in the death of your mother, then you can inform the police about the same. So far as property matters are concerned, you can file various civil suits.

  25. Hello sir
    My father had a first wife who was expired long time back about 35 years back. Her son was brought by her brother(boys uncle) they refused to give the boy to his father after he got married again. 2nd wife has two children a boy and a married daughter now after 30 years the boys uncle is asking for a share and harassing my dad and my family. My dad has gifted an only self acquired property to my mom 3 years back which was constructed out of the part money given by my moms father. Now the first wife’s son will get any right in the said property which was gifted to her by my dad?? Can she transfer the property to me. Without any legal issues?? Both my parents are alive.

    Pls help with this issue.

  26. if it was self acquired property of your father then he has full power to transfer the same either through sale or through gift deed.

  27. Ours is a love marriage. Since then my family disowned me.I am residing with my husband and two children. I own a flat and it is purchased on loan. We got a business running but in loss since 2012. So now I got a job. I resumed job after 6 years and before that i used to take care of my mother and brother whenever and however they wanted. I never kept any bills for whatever I paid them. But now the situation is that come what may they have ripped me off their memmories. I do not want any financial favours. But he has a responsibility towards me. I want him to be present at times when I am in need. I am Saying this because last year I was in the hospital treated for 4 months undetected of the disease and then when I was finally admitted to the ICU finally diagnosed of typhoid. All through my family was’nt present. My husband (is a BP as well as Diabetic patient)was hammered between children, cooking as well as job and taking care of me. My mother ( not in good health) or brother could have lend a helping hand. But they neglected all together.God Forbid if any thing happens to either one of us Who will take care of my children?
    Is there anything I can do to keep my brother realize his moral responsibilities towards me.

  28. Dear Sir
    My father has 2 brother.My father bought a plot with my real uncle in 1988 in Delhi.That time our family was joint family.My uncle is elder brother in the family.He bought this plot in own name through power of attorney.Due to respect & trust,my father not argue on this matter.My family member & uncle family members are living together,floor by floor.My father always gave 50% contribution in all the expenses.Our Electronic meter are separate.We have all the proof like Ration card,voter id,pan card,driving licence,passport,electronic meter.My father & other members also residing in this property since 1988 to till date.
    But my uncle give threatening this plot is in my name through power of attorny.I can sell this property.I can get out from this house anytime.
    1.Can,My uncle have the right to get out from the house.
    2.Can,we have the legal right to residing this house.
    3.How can i include my father name in this property.
    Kindly advice & guide us at earliest.

    With Regards

  29. you can file a suit for declaration that your father is owner of the 50% property as the same was joint family property. Or you can also file a suit for partition of property on the basis that the property was a joint family property.

  30. you cannot demolish your house in such a way as to bring down the adjoining structure.

  31. you can file a partition suit, if your grandfather has not left a Will (if the property is self acquired).

  32. If no understanding is being effected, then the best way is to file a suit for partition and take stay on the selling of the respective shares by the other family members.

  33. If the property you are talking about is the self acquired property of your father, you do not have any share in the same during the life time of your father, as such there is no question of you leaving your share because you do not have any. However if you have already inherited the property of your parents upon their death, or if the property is your ancestral property, then you can relinquish your share in favour of the other co-owners of that property, like your father, brother, sister etc, or in favour of any one of them. This you can do by way of a registered deed of relinquishment or release.

  34. Your father has absolute right to transfer his share in your favour. Having said so, it may also be noted that nobody can be stopped from going to the court of law, and therefore you also cannot stop your siblings from approaching a court of law challenging the will. But if the will in your favour is genuine, and there are attesting witnesses who will depose that the will was executed by your father in your favour, then you need not worry. In such a case you can even get the will probated from the court. However if there are no witnesses to the execution of will in your favour, then it may cause you some problems to prove that the will was executed in your favour, still if the will is genuine, you may be able to prove it by getting expert opinion on handwriting of your father and also by examining other witnesses in consultation with your counsel.

  35. If there is a will in favour of your dad by your grand parents, then your father can apply to get the probate of the will, and once same is probated, then property will be declared in name of your father. Otherwise, your father will have to file a suit for declaration seeking to be declared owner of that house. But here he will have to get it proven before the court that property was given to him by your grand parents which might not be easy in absence of a will.

  36. If the property you are talking about is your grand father’s self acquired property, then you have no right in it during the lifetime of your grand father unless your grand father conveys any part of the said property to you. Even your father had no right in it during your grand father’s life time. However if your grand father expires without leaving a will, then you along with your mother, brother/s and sister/s will together be entitled to the share of your father in the property of your grand father. This you can claim after death of your grand father by filing suit for partition. Further if your grand father wills any share in your favour, then upon his death, you can claim that share by getting the probate of the will of your grand father.

  37. If the property is the self acquired property of your grand father, then neither your father or any of his brothers can claim any right to the said property during the life time of your grand father. However, if it is ancestral property, then your father can file a suit for partition and seek his share in the said property. Further if your father apprehends that the said property may be sold by your grand father or your uncles, then your father can also put in the above partition suit a prayer for interim relief of stay on sale / transfer of said property.

  38. respected sir…
    my father have a property of 10000 sqr feet in which we leave I.e our resident… but this property is in d name of my father n my uncle ( my big papa ). now due to some problems we want to transfer all the property on the name of our father ( the property waz bought by my father only )… kindly help me out of this problem with suitable procedures n suggestions…I will be very thankful..
    regards..kashif khan.


  40. If the property is in his possession, then you have to file a suit for partition and recovery of possession from your uncle. Your assertion that as per the Hindu Law all the three children of your grandmother are entitled to the property in equal shares is right and therefore, your uncle cannot deny the claim of your mother on the said property.

  41. Hi,

    I lost my father last year in September and I am the only child. Now his two brothers are not agreeing to divide the ancestral property as they don’t want to give the share to my mother. We also came to know few years back my father has signed the ancestral land in his elder brothers name but I and my mon were not informed about the same. Can we still dispute in the court and get our share in the land?

  42. Yes, where the property is ancestral in nature, Will is not effective and property should devolve as per the Succession Act applicable to the religion.

  43. Thanks!! So if I understand it correctly u said that my mother will have an equal share in the ancestral property inspite of my father signed the land in his eldest brothers name?
    Also my mother does not have any source of income after my father’s death and the income coming from the ancestral land is taken by my uncle only. Is there a possibility if my mother gets the third share in the income coming from the ancestral property?
    My uncle has also taken all the property papers under his custody after the death of my grandfather which we came to know later on. My mother came to know few days back that they are getting some fake papers made for the ancestral land which shows that the land was directly transferred by my grandfather in my uncles name so what effect will it have on our case and will my mother still be getting her share?

  44. Where you have filed a case for a share in the property, you can also add a relief of rendition of accounts for the profits accrued from that property. If the court order that a share of the property should fall in your name then the court will also order rendition of accounts regarding the profits earned by your uncles and can accordingly grant the share of profits in your favor. If you feel that some kind of forgery or cheating is about to take place, then you can also file a complaint with the police.

  45. respected sir; 2009 me mera (force fully) mutual concent se divorse hua. us samay mera beta 4 saal ka tha. lekin wife ne bete ki custody nahi mangi, (muze dena bhi nahi tha). abhi mera beta 8 saal ka hone wala hai, uski maa pay roll job pe hai, sir kya mai APNE BETE KE LIYE MAINTENANCE KE LIYE CASE KAR SAKTA HU.

  46. hi we are four brothers and three sisters . my dad passed away about 6 years ago. our house in ludhiana was under my mum name when she bought it long time ago and my father paid the money about 5 years ago my mother sold the house to me and registred the deed and i pay the land registry fees as well as the requirement. is any of my brothers and sisters can claim any share from my property . kindly email me many thanks rajesh

  47. So far as the facts and circumstances as mentioned by you are concerned, if the said house was the self acquired property of your mother then they cannot claim any share in that property.

  48. Sir, with regards,
    My Father had bought a plot of 100 yards in Delhi,year 1996 on his name. And build a house on that plot, I have also helped financially to him for building house but I don’t have physical proves (like Che-ques, Xerox etc). He has thrown me out from that house in year 2008. Now I am living seperatly with my wife and two children. I have one brother and one sister also all are married and only my brother is living with my father. My mother was also died one year back. But my father don’t want to give any share in that house. Can I clam my share in that house ? and How ?

  49. My grandfather has acquired landed property which was divided among his three sons after his death. My father was the elder one and my two uncles, they have daughters only. Now, after death of my uncles, aunties have sold that ancestral property to other persons of the village other than family, whereas I was not asked being I was away in Military service. Is there any law in himachal Pradesh by virtue of that ancestral property can be taken back by paying the cost of that land to my aunties?

  50. We can suggest on this page only regarding Central and General Laws. For local laws you have to consult some local lawyer in this regard.

  51. It is not necessary that every kind of monetary assistance comes within the purview of co-ownership. It all depends on the intention of the parties at the time of giving financial assistance. Otherwise, if its the self acquired property of your father, then you don’t have any right in the same. If the financial assistance given by you was specifically for getting co-ownership, only then you can stake claim in the same. But at this stage as per the facts narrated by you, it will be very difficult to prove that you had given any money, so it will be all the more difficult to prove that the financial assistance given you was for becoming a co-owner the said property.

  52. My grandfather has given will and not given property to my father.My grandfather is dead.I am thinking to put case, against the will,as being grandson to get the part of the property.

  53. My husband passed away leaving behind the following :

    1. Apartment in joint name ( me and him)
    2. FD ( single owner) with me as nominee
    3. FD in joint name with a either or survivor between me and him

    My mother in Law is claiming stake in each of the above . Please let me how much she can legally claim stake in each of the above . I have no kids and I am hindu .

  54. My Grandfathers have 3sons. 1son were living with Father in laws and get his property Deed. 2 sons were living with Grandfather and Some properties were purchase and get Deed in the 2sons.
    After of 1son expired his heirs demanded equal partitions of such property. Whenever property partitions equal 3brothers (except of 2sons property which were deed 2sons).
    Is any laws for getting 3 equal part of such property which were executed in 2sons ?

    Kindly get advice!

  55. Hi sir,

    My mother has a property which she has bought out of here earnings and she has registered in her name. myself and my brother are the only sons to my mother. My mother wants to give this house to me through settlement deed. can my brother claim for this property in future………..please let us know


  56. If it is her self acquired property then she can give the same to any of her son and the other son cannot stake claim to such a property at all.

  57. I have purchased a land in 2006.The seller has already taken loan against this property in 2004 and not cleared the amount yet. The property is already in my name(Mutation completed)But the bank is not allowing me built a house.What are the legal advice?

  58. It the property was mortgaged by the seller then the Bank has a Charge over it, depending on the terms and conditions of the mortgage, and you take the property with encumbrance over it. You must try to work out a settlement with the Bank.

  59. I am from Goa. My grandfather owned ancestral property and also purchased another property out of his own income.There was no will made by him. On his death, the property was transferred to my grandmother’s name.My grandfather had five children, two sons and three daughters. My mother was the youngest daughter. My mother’s eldest married sister died issueless and the other sister was unmarried. My grandmother transferred the entire property to my unmarried aunt, who later made a will and gifted the entire property to her brothers thereby cheating my mother out of the entire property. My mother has passed away. She had never signed any agreement, signing off her share of the property. We are three sisters. Are we entitled to any share in the ancestral property. Can we contest the will, as my aunt was ill and dependent on my uncles. What are the options open to me to claim my mother’s share of the property. Please help.

  60. I am from orissa. my grandfather have three sons ans a daughter. my father is the youngest one. My grandfather purchased some property out of his own income. My grandmother has some parental property that was transfered from her father’s. grandfather did a WILL against eldest aunty of his purchased property. similarly my grandmother did a WILL of her property against her second some cases, some property has been sold to my uncle’s sons by grandfaher and grandmother. there was nothing left for my father. now my uncles are forcing my father to leave all the property. In 1982, my grandfather had verbally distribute the property to all his sons but now the situation is different. At the age of arround 85 of my grand father and grandmother, these WILLs were WILL was made in the year 2002-2004 and in 2005 my grand father passesaway and another WILL made in 2011 and in the same year my grandmother passes away. this information on WILL was disclosed in 2012 when i tried to acquire property as per the negotiation in 1982. San you please suggest, weather i am eligible to claim my part. Is there any government regulation to cancel the WILL? What are the options open to me to claim my share of the property? please help.

  61. where the property is transferred by way of a Will, the beneficiary takes the same as his self acquired property. If the property of your grandfather was his self acquired property then he was fully entitled to make a Will of the same and bequeath to any person he deemed fit. Similarly, where your Grandmother was transferred property vide a Deed or Will then it became her self acquired property and she was also entitled to bequeath the same in her own was and vide a Will.

  62. My grandfather owned two properties, one ancestral and the other was self acquired in Goa. My uncle has taken over both the properties and denied any share to his sister who is my mother. Can my uncle claim both the properties, without giving any share to my mother (deceased). I am not aware if there is a will gifting the property to my uncle. How can I find out if there is a will? Does the will have to be registered? Is an unregistered will valid? What are the options for me as her mother’s heir to claim her share in the property? I do not have any papers in respect of the property. Have can I obtain a copy of the property papers. Is there a bar on limitation with respect to the period when I can file the claim. Please advise.

  63. i am adopted by my aunt in 30 years back and i am doing dependent job after my adopted mother death(aunt), now my parents are old aged they are depending upon me. Are they legally dependents me or not.

  64. We are six brothers and sisters that is four brothers and two sisters.we both sisters and all brothers are married. all the parental property worth approx. 40 crores is in the name of my mother.she is a house wife n all the money and land was earned by my father who was in government job. he bought all his prroperty ih the name of my mother has always liked my brothers as compaired to us the daughters! now she want to divide all her property among my brothers and dont want to give a single penny to her daughters. 1 can daughters ask for there share in mothers property. 2 do girls hv equal right in parental property even if they dont want to give.3 what should be done if parents gives all the property to there married sons but dont give anythng to there daughters.

  65. Where the property is self acquired by a parent, then such parent can give that property to any of his/her child and other children cannot object to the same. This can be done by way of a Will/Gift etc. When the property stands in the name of the particular person it can be presumed to be the self acquired property of such a person.

  66. my grandfather has 3 sons including my father also. In our family land dispute. my grand father purchased land unfortunately same time my father was not present because he was serving in indian army and my grand mother was illiterate and my dad and second uncle was below 18 yrs. so my uncle took benifit and he convince my grand mother and purchased land register for his name that time our family was joint family now he is claiming for ancestral property also. can my father claim for purchased land which is purchased in past by joint family but registered to my uncle name. give us solution regarding this ??????

  67. Where a property is bought by joint family funds, a suit/case can lie for the partition and possession of such property even though the property stands in the name of one person of the family.

  68. sir my grand mother (father’s mother) has a property(ancistor) .my father dont want to give that property to me.what is the procedure to get that property

  69. we were living in joint family in grandpa purchased a house but living joint.we were(my brother me sister) born in joint family my father and uncle got a house via Will from Dada father and uncle divide the house then we r my father sold the house in 2006.
    my brother is dispossessed by father in newspaper.
    my father was very sick so he sold the house .but now my brother is creating the problem .he want to go in court for his share.papa was saying he has no share becu. he is papa is passed this ancestral property and we have any right in sold house,buyer is not agree for this.papa leaved some amount in bank ,my sister and me are nominees.but i want to distribute this amount in equal share.but he is not agree.he want to go in court.please advise me.but can i do.

  70. When the house was bought by your dada ji, the same was bought by his funds, so it is his self acquired property. He then made a Will of that property in your father and uncle’s favor. therefore, it became the self acquired property of your father and uncle also. So your father was entitled to dispose off the house and the money that he got by selling the house; he was fully entitled to give that money to any person he wanted to. In my opinion, I don’t think that your brother has any rightful claim over the money.

  71. grand pa bought the house but living together so he is saying this is joint property.when my father sold the house then he was agreed and after the sell papa want to distribute the share but he refused to take his share,so now creating the problem ,he and his sons want a piece of land in sold house.sister took her share.i leave my share for papa becu he was sick.i have no problem i am well my brother and his sons are also settled in abroad.but he wants to go in court.

  72. If he wants any kind of share in the sold land then you need not worry much about it. The main botheration will that be of the person who bought the house. In case your brother files a case then you can take the defense that the sold house was the self acquired property of your father. In India, most of the families are joint, that would not make the property in which they are living as joint family properties.

  73. We Purchased a land in Patna (Village area) in 2007 from Umesh Rai and now a parties is claiming that it’s his land and the story is as followings.
    1. This Land Originally belongs to Baldev Rai 132 Decimal.
    2. Baldev Rai Got 3 sons and a wife. (Loknath Rai/Khurdher Rai & Ramlakhan Rai)
    3. After his Death One of his son  Khurdher Rai and Baldev Rai wife given their land to Ramlakhan Rai Through Bakhsisnama/Dan registry.
    4. Loknath Rai took his 44 Decimal Separately.
    5. Ramlakhan Rai Became Owner of 88 Decimal.

    Now Ramlakhan Rai has a wife plus 4 sons in 88 Decimal land and he died. (Rajpattidavi wife of Ramlakhan Rai/Umesh Rai Elder Son of Ramlakhan Rai/Kamlesh Rai Second Son of Ramlakhan Rai/Arun Rai Third Son of Ramlakhan Rai/Yogender Rai forth Son of Ramlakhan Rai)
    1. 30/07/03 Rai family settled their land through a punchyet (On the Paper) and applied for mutation/Dakhil Kharij. (There all Property including 22.17 Decimal of plot no.25)
    2. 27/03/2004: Wife of Ramlakhan Rai, RAJPATTI DAVI sold 56 Decimal land through a deed to others and all 4 sons witnessed.
    3. So Land Laft balance are 32 Decimal.
    4. 01/09/05 Circle officer order to Dakhil/Kharij of all the lands through mutation and it’s done on the name of Umesh Rai. (Including 22.17 Decimal plot no. 25)
    5. 24/07/07 Umush Rai register the land through Deed to us 22.17 Decimal of plot no.25.
    6. Following the mutation/Dakhil Khharij KAMLESH RAI file a case on Umesh Rai and Circle officer for illegally transferring the land to Umesh Rai  in DCLR court.
    7. 28/07/08 DCLR dismiss Kamlesh Rai claim.
    8. Then Kamlesh Rai went to court but lately he taken back his case. (The details of case is needed urgently)
    9. Since January 2013 I have made 10ft high boundary on it.
    10. Since I was building house now a group of Six people came saying it’s their land and they show me their deed which was done in 1989  for 32 Decimal on the name of cooperative and cooperate sold to them.
    11. The deed was done by Rajpatti davi wife of Ramlakhan Rai and his second son Kamlesh Rai keeping 3 other sons as minor. Mothers made one of elder son Umesh Rai “Wali”/Minor while he was married in 1979 and he was adult but two others Arun and yogender were minor.
    Please conclude

  74. For a proper reply to your query the claim papers and other documents are necessary. Your query can be answered in a customized manner only.

  75. dear sir,
    my younger brother who is very cleaver. First he got a will of agriculture land from unmarried uncle on his sons name. then he thought other brother may object than again he canceled the will and transfered of same unmarried uncle’s land to his name by paying stamp duty (registered) as per circle rate. He was having joint account with of our unmarried uncle.He did not disclosed what amount left in bank. Is there any law that ancestral property and bank amount of unmarried man may be equally distributed among all brothers.
    Pl advise or help
    cp singh

  76. My mother is widow and were getting pension. My sister is also widow. what ever amount of pension is left after her treatment and requirement she was financially helping to my sister by giving monetary assistant. Now my mother is expired on 14 May 2013. My cleaver younger brother is asking his 1/3 share of total pension drawn from bank from my sister.
    How can a son asked his mother to give pension amount to him even if mother is alive. Where as son has cheated to his brothers. Son is financially very sound and he is 44 years old.
    Pl advise and clarify.
    CP singh

  77. The property of the unmarried male, will firstly devolve upon the mother exclusively and the brothers will not have any share in it. If the mother is not alive then the father will get the property and if the father is not alive then the brothers and sisters will get the property in equal shares.

  78. mr mohan got a property (home) from any one (dont knw and dont have idea) he has two son 1.babu 2.makhan
    mr mohan died when babu is above 18 and makhan is about 2 yr babu take care of all property and also makhan. tht was babu’s own effort tht he make capable to makhan.
    Now babu make a court registered will to his only child raju and raju’s wife. Than babu died.After a long period of 15 years of babu’s death now babu’s brother makhan want 50% of that property even he don’t pay any kind of property tax. Now this property is registered in the name of raju & his wife at nagar nigam and raju pay all the taxes relate to property tax etc. Raju lives in this house since birth.
    Now what should do by raju when makhan wants 50% of this property. Should he suits in court against makhan or give him 50% of this property???

  79. There is no need for the Raju to file any kind of suit against the said makhan. IF Babu got the property vide a Will made by Mr. Mohan, then it becomes the self acquired property of Babu and Makhan will not have any interest in it. If Makhan wants the share in property then he should be the one who should be filing the case.

  80. My grandfather acquired shop and my father deposited money for the same. During my grandfather life, he gave a PoA in name of my father that he can do whatever he wants to , w.r.t shops. In the meantime he also gave a will of transferring the shop to grandson i.e. my self. I have two uncles , they also had given NoC for the same. Pl advise, can the shop be transferred in my name without any hitch.

  81. Yes it can be transferred in your name if the other legal heirs are ready to give NOC. If the concerned authorities create any kind of problem, then you have to get the probate of the Will.

  82. sir/madam
    I am having a query regarding property which was brought my father and named to her mother…scene is that my father brought a land in 1984 4800 sqft and named against her mom now in 1999 he made residence there and residing there with 2400 sqft…my dad is two brother and as love he gave 2400sqft to his brother but now uncle is no more he died in 2005 ,,, he is having 2 sons and they are asking for the land ….so I want to know as total 4800 sqft land is with name of my grandma and my father made home on half of it …so what is the right way to divide it between us with named to my mom and my aunty????

  83. sir,
    I have a query regarding my fathers self acquired property.we are 2 brothers n 3 sisters. my fathers died recently leaving a will in favour of my younger brother n appoint him the executor also .He has stated that If any body will try to challenge the will he or she will have any right in the will.
    2)my father bought another property also after that willbut has no mention of that in that will.It is simply written that what ever property my father will buy in the future , will also be own by my brother only.
    my query is can a person write in his will “”whoever will challenge the will , will not get any thing out of this will.
    is it valid in the court.
    3)he did not mention of his immovable property in the will.
    4) this is a registered will.

  84. Dear Sir,

    My dad had purchased a house in the name of my Grandmother (passed away last year) many years back. the house is still in the name of my Grandmother. Grandmother has not made any will. Now my 2 aunts (daddy’s 2 sisters) and their sons want a share in the house and they are threatening my dad for the same. Legally, do they have a share in the house. pls reply

    My dad had carried out all the expenses of my both aunt’s wedding.

  85. After my marriage my parents wants to throw me,my wife and kids out of our ancestral property and give it to my sister.i had spend half of my life to protect and develop this i and my kids have any right on my ancestral property of my grandfather and mother? my father had transferred the property on his name long back.i don’t want to fight a legal battle with my father if he make a will will it have any value later if i claim after his death.

  86. Yes you and your children have proper rights in the ancestral property of your grandfather. If your father makes a Will in your favor then also you will have claim to the said property.

  87. Legally speaking, when your father has purchased the property entirely from his own funds, and out of respect he named his mother as the owner of the property with the intention that he will get the property back, then your aunts cannot claim any share in the said property.

  88. Dear Sir

    We are seven brothers and bought land as joint family fund but made registrations on 1 younger brother name out of good will, Now we decided to divide our property but my younger brother denies to give share of his land which we purchased jointly by all brothers on his can we claim share in this land, My FATHER is alive and can this land be treated as my father self acquired property and all brothers get equal rights, since my father had not done any will.

    would appreciate your prompt advice

  89. Dear Sir

    I Have 2 hectres of agricultural land registared on my name, though this property we bought as joint family by sharing funds but i have contributed 80 % of total fund,
    my question here is
    1) can my brothers claim in my property since there was not any proof of share of contributions made by them

    2) we have not yet seprated legally but living in separte independent homes in different cities

    3) untill now all the land was used by brothers for agri and not gave any benifit to me in any manner

    4) can i give them (brothers)legal notice through advocate to vacate my land or can i file police complaint–not use my land

    please advice

  90. If the property has been bought by joint family funds, then every contributor has share in it to the extent of their investment in it. So, your brothers can certainly claim a share in it. If you want to take possession of the property then you need to file a case against them in the local civil court.

  91. If the property has been bought by joint family funds, then a civil suit for partition of property and for recovery of possession can be filed in the Court.

  92. I have two elder sisters,my father expired in 2003,before he died he made a registered will in chandigarh in my favour in 2001.After he expired , I got the will executed and got the house in my name in 2004.
    since 2004,The house is in my name .
    Now in 2013,can my married sisters who are well settled claim a share in the house

  93. The limitation for challenging the transfer should be 3 years from the date of knowledge of transfer. So, if the transfer of the house in your name was in their knowledge, and they still kept mum for so many years, then they don’t have a good case.

  94. Sir my grand father has 2nd wife and has 4 father is the only son of 1st wife.

    My grand fathhe her want to give 7th share to my father of total land . His land which he has got from great grand father.
    What share will my father can get according to land law in hayana?
    Plz tel

  95. hi sir,
    We are two brother in my family,our father is alive and my mother had passed away few year ago there is are 2 property named after my late mother ,and my mother did not made any will so one property was taken by my father and one by my brother now my father is a very selfish man he did not made any money on his own in his life ,always dependend on others for his greed . Is there any way to acquire the now he want to sell it.the problem is that the property is been given to some person for rent and rent slip consist of my fathers name.
    plz provide me a useful solution as the property was buyed by me but due to respect to parents i named it after my late mother.

    i am person in need because all my life saveings are in that property and now i realy require the same

  96. Thanks for the revert jastej,if a person is having a self earned property and he leaves a registered will in favour of only one child.can other childeren challenge that will after his death.

  97. How can son asked his mother to give him pension amount? even though a husband can not asked his wife to give salary if employed.
    pl cearify

  98. how can unmarried person sold his ancestral property to his nephew name (his younger brother’s son) once the property is not acquired by him.Is it not cheating case to other brothers who are equally and legally authorized to have share in unmarried uncle ancestral property.
    what about money if left without any will.
    pl advise for any legal action be initiated against him.

  99. How can it is possible by unmarried person to first do a will to his
    nephew’s sons name than he canceled the will and soled the whole ancestral property(agriculture land)along with his own house to his nephew and died after few months.
    Before death he (unmarried person) face a serious parallelized attack.
    He might faced assaulted / tortured by his nephew or took all money by his nephew. Unmarried person was illiterate and around 90 yrs old. Since he had a blind faith on his nephew that’s why he made in his saving account as a nominee and letter made nephew joint account holder . He could not bear the shocked of cheating / defrauded by his nephew.
    Pl advise other all nephew are legally authorized to have equal share in ancestral property or value of ancestral property and equal share in saving bank balance as on his death.


    Is is not conspiracy

  100. A will can be made or revoked by the testator during his lifetime. So, if the deceased was unmarried and gave his property by a Will then he was also entitled to revoke it during his lifetime. He was further entitled to sell it to the person he likes. Whether there was a conspiracy or not depends upon the facts and circumstances pleaded by you.

  101. The other child is actually not entitled to file such a case after the death of the deceased. But he certainly has a right to file the same if in his opinion the Will is fabricated. In such a case, the former child will have to prove the Will in the Court.

  102. If the property was acquired by you with your own money and for your use only, then you can file a suit for permanent injunction to stop from transferring his house by way of sale, gift etc.

  103. I married another community during the year 1998. Since then, my family disowned me. I have two brothers only and I am their only daughter. My father has no. of propertiues worth several crores. Even after thirteen years, they have not given me any property and my brothers are obstructing my father in giving me property. Now I have separated from my husband and living separately. I have been diagnosed with cancer and tumor in my stomach and undergoing treatment which cost around Rs.3.00 lakhs. My father says that he will give the property only when he likes and when the necessity arises. While I am dying now, what is the necessity to give it at a later date. Kindly advise me how to get the property quickly

  104. my grand father got two marriage, my father was only son of his first wife,when my father was five yrs old then my father’s mother died and my grand father made second marriage, from that he has two son and one daughter,my grand father and his wife (gran mother) has not made any will during alive and now my father has ben expired. So i want to know on what mode the partition of property between my step uncle and heirs my father will be made .

  105. Sir My father bought a piece of Agricultural land (he is more now) during 1971. Now the land owner’s(from whom my father bought the land)brother’s son who is 75 year old and 35 old when my father bought the land has approached court saying that he has rights on this land. What we should do?

  106. Dear.Sir/madam.see as supreme court has verdict that illegitimate children have rights to fathers property i obey this for property earned by the father.but in case its ancestor property they does not have rights.i want to know what is Hindu marriage act.point 1 if man marries another lady with out knowing any one before death/divorce of the first wife how can the second lady’s child’s claim share in ancestor property. as the law says when first wife is alive and has childerns the second marriage is null and void to whom it for my concern i wont accept it because as citizen of India i have married under Hindu marriage act. and i have two kids. so if they have rights to claim. then can i have rights to marry another another lady under Hindu marriage act.thanks/regards

  107. sir,
    i have some doubt regarding properties issue please guide me.
    my grandfather death on 1958. my grandfather have three sons only,after grand father death my elder uncle is owner of my family from this time,after that my uncle purchase some land properties of own name between (1967-70)from family income .this properties purchase time my father age is 15 years maximun,my father and younger uncle is minor in age .after purchasing this properties my father and my all uncle used this lands for agriculture from 20 years .after that my elder uncle and his sons Captured this all land properties,
    and they told this properties is only my father ,
    CAN I claim this properties in court ,
    please guide me….

  108. sir,
    i have some doubt regarding properties issue please guide me.
    my grandfather death on 1958. my grandfather have three sons only,after grand father death my elder uncle is owner of my family from this time,after that my uncle purchase some land properties of own name between (1967-70)from family income .this properties purchase time my father age is 15 years maximun,my father and younger uncle is minor in age .after purchasing this properties my father and my all uncle used this lands for agriculture from 20 years .after that my elder uncle and his sons Captured this all land properties,
    and they told this properties is only my father ,
    CAN I claim this properties in court ,
    please guide me….

  109. My father-in-law passed away 3months back. He has left a will , according to it property divided between the 2 only brothers who are his legal heirs. The question is what if the property one of it is mortgaged in bank. Will be there any problem to get it.

  110. I have given 10000/- monthly for 10 months to my brother in law now he offers to return me the same through cheque. please help me in understanding the below points.

    1. Can i take through cheque, if yes do i need to pay some tax on that amount. Also, what all are the formalities that i have to do before accepting the same.

  111. we are four elder sister and four younger brother to my father of a Indian Hindu family. My father made lot of property during is regime and made all the properties in the name of my four elder brothers in order to avoid share in the property to daughters after his death. We four daughters are married to middle class family to avoid dowry. Now their is a huge gap between our family and our brothers in property wise. our brothers refused to share our father properties as it was in their name itself. During my father alive or my brothers did not help us in any way after our marriages. Now can we claim share in the property of our father that is in the name of our brothers.

  112. hi sir,i am kevin from grandfather has nine son and three daughter now we have filed a suit in sub court for partion of our grandfather property and we got stay order sir.But my uncle and aunty i mean brother’s of my dad and sister’s of my dad go on selling my grandfather property with political influence.They even sell my dad’s share even.How can i stop them from selling my grandfather property until partition is made.They are poltically influence people.we god injunction wat are we supposed to do rite now……..pls reply sir

  113. Actually My Grand Father (Mother’s father) had two marriages;
    First wife had two daughters
    Second wife had two sons
    My mother is first wife daughter. After death of my mother-in-law he got Second marriage,
    second wife have two sons now he is staying with them. My mother marriage was held on 1983.
    At that time combindly have ancestral property of 9Acers Agri land, but they gave to my mom only ¾ Acer (documents are with them only) we have pass book is there on my mom name .
    My questions are
    1.if we want sale that3/4 Acer land we need my grand father signature?
    2.Actuvally second wife sons have any rights on ancestral property?
    3.Daughters also have equal right on ancestral property right?
    4.can we file sue against my grandfather for equal share now?

    my great grand fa didn’t wrote any Will.
    Please help me regarding this.

  114. I have a married son 35 years born to my first wife who is no more.I married to a second wife & she is a mother of 2 daughters now.All my children are married.In the year 2002 I purchased a plot in my second wife`s name with an ABSOLUTE SALE DEED.Earliar I had an idea of purchasing the said property in the name my 1st wife`s son & accordingly the unregistered sale agreement was executed in his mame through an advance money deposited to his bank`s a/c by me & paid through his cheque. Since as advised by my kith & kin the Registration of Sale Deed was executed in the name of my 2nd wife, but with a mention that; the considered amount of sale is paid through Cheques issued by my son on behalf of my 1st wife. My son was a student at that point of time& the entire amount is being paid in to his account by me which has proofs. After a time gaph of about 12 years, my son claims through an SUIT that for a co-ownership by Meats &Bounds. Kindly advice about the outcome of the suit.

  115. My father abuses my mother verbally and physically even though its been 30 yrs of their marriage. What legal remedy my mother can take to control this, we do not want to register FIR, simple legal proceeding that too in family court.
    Kindly guide please.

  116. I am 58 yrs old woman i am working as a teacher in a private school in delhi. i have two children older one is the girl and younger one is my son, my son got married before 2 years with the girl to whom he had affair from the last 13 years, she is our neighbor. My son working in a private organisation and his wife working as a teacher both of them earns approx 40000 per month. We made his marriage arrange. Now he has a child of 5 months, after 22 days from the birth of his child his wife went to her parents home and we allowed her to go just because of her parents, she lived there one month normally then after when we wanted to see our grandson she denied to give him and blame me that i have spoiled her family. she blamed me that i tought my son against her and now she demanded to my sister to come here to resolve this dispute by tolding her that what i have done with her. but i guesses that the thing she only want to destroy my daughter`s home. she tells lie that i make her out from my house. I told her that if she think that i teach her husband wrong than why don`t she lives with her husband far from us, but she denied to live away from me. now i am very tense that she may kill me. what can i do, plz suggest me. she warned me if i am going to do any legal work then she also blame as dowry act.We requested her many times to come home but she has the only condition to ask my daughter to come then she will come but she is lier ,i don`t believe her. please suggest me. what legal step i can take

  117. Dear Sir,

    My mother has a self-acquired BDA property in Bangalore. In 2005, she built 2 houses in the property, Main House and Out house. There is no common wall separating the 2 houses and it is shown in the Katha and Katha extract as one property. There are 2 children to my mother, viz., my sister (who is elder to me) and myself.

    The house was built with a loan from a bank to which I was the main applicant, my wife (who is working) second applicant, my mother (third applicant) and my sister (fourth applicant). The loan is still continuing with the bank and it will finish in 2029. I pay 80% of the EMI (19,000 p.m.) and the rest by my mother and sister (4000 p.m.) for the past 8 years. I and my family (wife, 1 child and my mother) settled in the Main House (which is larger than than the Out House) and my sister and her family (2 children) settled in the out house.

    Trouble started when I came to know that she had gift deeded the out house to my sister without my knowledge in 2008 (It was later cancelled in 2010 due to transfer of home loan from the old bank to new bank). Also, she is clearly favored to the daughter and her family, while even though I have taken the burden of paying the majority of the loan and they pay very little part.

    Now I am fearing that after the loan closes or is about to close with very less loan amount with the bank, she will tell me to leave the house or gift deed the whole house (main house and out house) to my sister.

    So from past 3 months, I am asking her to either partition deed the property between my sister and myself or gift deed the out house to her and the main house to me and we will continue to pay the loan with the bank. But she is very adamant about NOT gift deeding or partition deeding. She is telling that she has written a will but it is not registered and that is enough she says (I came to know that even a registered will which is probated by court, is still not enough to protect my share).

    I am in terrible dilemma on what to do to protect legally my share of property. I and my wife have decided to come out of the house and start a new life afresh if my share is not legally protected.

    Kindly, kindly advise me.

  118. we are four sisters elder and four brothers. among four sisters who are elders, two are married and eldest and youngest is mentally retarded. One of sister is taking care of these two sisters at her house. Among brothers, one is dead and eldest and youngest is working/business
    and one brother not working. parents are not more alive.
    Do not have self acquired or ancestral property of parents.

    Two earning brothers eldest and youngest are paying some maintenance charges (to an extent of 40 to 50 thousand) per annum to sister to take care of mentally depressed sisters as some gesture of goodwill and social and moral support without sacrificing the relationship.

    Of late, one of the son of the sister is appealing that brothers have to take care of mentally retarded sisters and it is their legal right and he will enforce legal actions against erring brothers and demanding a regular maintenance of 10000 per month from each brother or leave the depressed sisters in anatha ashram or throw out of the house.

    How to handle such issue as these two brothers have been mentally tortured from time to time on account of money and maintenance mattes with this issue. Please advise. Is there any legal remedy to arrive at any amicable and can sister son enforce law against her brothers who have been supporting the cause. Please advise.

  119. i have a cousin sister whom i love very much like my child she is 18 years old her mother died in 2003 and her father is very abusive and she dont want to live with her father her dont dont want to give money for the further studies and she want to get highly qualified and want to be an ips officer and i want to take her all responsibilities but her father don’t want to give her in my gaurdianship but she want my gaurdianship so i want to know that, what should i do for my sister’s convenience and her successful and prosperous life? is there any law according to that i can adopt my sister legaly? plz suggest me what i should do

  120. Hi, I have a property in Dahanu which is in the name of my father, aunt & uncle (father’s brother). My uncle passed away recently, hence his name needs to be replaced by his son’s name since he is his only child. Please suggest the procedure which needs to be followed ?

  121. HI Sir,
    My father was died on last year. My grandfather died on his 36 th age. My father had 3 brothers and 2 sisters.My father is elder person in his family.My grandma sill alive.

    My father took all the responsibility and earn money and save the entire family. We had joint family on that time.Last 10 years we are living separetly.

    my father build own house in his name and bought one shop in his own name. Before one one month when he died,He changed the house and shop name into my mother name.

    Now we(my mother and me) need to sell a shop.But my uncles told ,they are also having shares for both my mother name house and shop.

    My question is,1)so we(my mother and me) cannot able to sell the house?

    2)my uncles also having the shares for my mother name house and shop?

    Please let me know if you have any concerns.

  122. my issu is my mothers side ,my mother have land and they are only four sister ,there is not any brother ,now happen is my mothers uncles son (cousin brother)has claim this all property is as some 20 year old will property at my mothers father death,
    this time all land name are alvailabe as four siters ,so help me what law is do in this matter

  123. My name is Wilson Brown..I needed an educational-loan to complete my studies..I told my friend about my intention to applying for a loan online but she said, “no loan is real online..”I applied from GREENEFIELD LOAN COMPANY and I got my loan from this company within 48 hours..Mr Greene,thank you very much for making my dreams come true and for proving my friend wrong that not all internet-loan-lenders are fake.You can contact them if you need a loan via

  124. My name, Wilson Brown..I needed an educational-loan to complete my studies..I told my friend about my intention to applying for a loan online but she said, “no loan is real online..”I applied from GREENEFIELD LOAN COMPANY and I got my loan from this company within 48 hours..Mr Greene,thank you very much for making my dreams come true and for proving my friend wrong that not all internet-loan-lenders are fake.You can contact them if you need a loan via

  125. we have ancestral land at sindhudurg district.our parents are no more.we are six siblings,two brothers and four sisters who are married.though the relations amongst siblings are cordial,brothers are hesitate to go for partion of said property whereas two sisters who are very poor and badly need of menetory help,are very much aggressive and insisting partition of our problem is whether two sisters can get their share separated out of said joint property? if so where they have to file for such partition of share? please guide in detail.

  126. I am an NRI and have bought 2 properties under my parents joint name for investment purpose. One property is now under possession and 2nd is still under construction. All the money has been paid by me.

    Now my parents wants to transfer both the properties to me. I also have elder brother.

    We have been advised that my parents cannot transfer the properties by drafting a Will as properties are not under one person’s name. Also, for 2nd property, by no means they can transfer to me as property is still under construction.

    There will be chance of my brother can take an objection for legal transfer of those properties after my parents death.

    Please advise the best way forward.

  127. I am going through a property dispute nand need an advice. The followings fact are mentioned under
    1. property is on my name of grand mother
    2. grandmom is no more, died on 16 nov2013.
    3. my mom n dad are also no more, mom died in 2009 and dad in 2010.
    4.before the death of my grand mom she handed over the 70% share of the property to my uncle as a gift deed but without my consent and knowledge. grand father is also alive.
    6.i am getting only 30% share however this property is purchased from sale of my ancestral propererty plus some more money is contributed equally by my father and uncle.
    7. the construction cost is bear by my uncle and dad equally.
    8.what is my share in this prpoperty. do I agree for their proposal of 30%.
    9. needs your sincere advice pl help…

  128. we built a house recently, the house is on mother name, we are 2 brothers, i invested 65% and my brother invested 35 % money one the same house. how can we share the house rent and property in later stage.
    Thanking you sir in advance for your advice.

  129. dear sir I m AnoopSharma ofage 50and am a divorcee and mymother is awidowand receaving family pension of my father who was a teacher inutterpradesh and my motheer herself is aretired teacher of rajastan govt.She isnow this time receving 2 pensions of atotal amount 25000.She had her third heart attack on last october now she is fine but being misguided by some other relatives(dear sister’s son)isdenying to keep me with her.plz inform me thatwhether there is any law toput stay orderonmy mother’s pension

  130. dear sir, i have my grandfather’s house in mumbai, my mom dad was passed away before 20 years, i have uncle and aunt.. can i have right on my grandpa’s property?

  131. Respected Sir,

    I am a defence employee and my parents live at native place. My father has two brothers. The property is already distributed among three of them. At times my uncles threaten my parents and dont allow them to do have a right on there property. What can i do from here to give them protection and clear all the property related issues.

  132. we are four sister and four brother to my father of a Indian Hindu family. My father made lot of property during is regime and made all the properties in the name of my mother in order to avoid share in the property to daughters after his death. We four daughters are married to middle class family and given one sites and which is registered in our names to avoid dowry. Now their is a huge gap between our family and our brothers in property wise. our brothers refused to share our father properties . During my father alive or my brothers did not help us in any way after our marriages. Now can we claim share in the property of our father that is in the name of our mother.
    one more thing i want to bring this to ur notice is while registering the site to us they took signature from us ( 4 sisters and my mother and one brother) and they mentioned in that apart from this we don’t have any rights to my fathers property. more over rest of my 3 brothers have not signed. frankly speaking we sisters didnot know that how much my father is having while registering the site in our name.

    what i want to know is can we claim for the rest of the properties which they are dividing among themselves.
    can i bring stay order, because they have cheated us like giving only a one site for daughters and taking 20 each sites to themselves

    please advice me in this regard

  133. 1. each brother will get 20 sites, dimension 40 * 80 .

    2. we have big complex with 30 shops and 2 offices for rene, right now mother is drawing rent worth of 2 lakhs from that.

    3. w 60 * 60 house my mother and my younger brother living .

    4. 1 acres land in value worth of 5 crores.

    5. apart from this they have made property from their own money.

    we didnot know all these while registering that single sites in our name.

    so plz give proper guidence and advice

    actually we don’t need equal share , atleast 60:40 share.

    thanks in advance

  134. hello Sir,

    have land which is given to my grand father as a donation and we are leaving here from many years and both my grand father and my father expired what we can do kindly adivce
    looking forward for your valuable response
    thanks & regards

  135. well can any one answer me about my query will be highly thankful….
    my father nd his elder brother had a joint piece of plot but nw they are seprated and the paper of the plot are with his elder brother and he said that e will nt give that paper…and will sell out the plot on his own…i knw it is nt possible to sell without the signature of my father….but is there any false means through which he can sell out the plot…please guide me through this…

  136. Hai sir, i am from hyderabad my mother given 235 gazas land(gift deed rigistration) to his brother in 2005 after one year 2006 on words he his away from my mother till date he is not take caring about my family if any solution from take it back or any solution can you suggest me what is the proces

  137. Hellow sir,i am arun yadav,i have a prblem related to my property. “actually i m living on a property owned by my father but my father named the property on my eldest Uncle just for the sake of brotherhood ,later on the partion was been done on this property by my all 3 uncles so according to the valuation of land in 1993 my father(Rajendra yadav)gave 40,000 rupees to each of the brother but all this partition was been done on a plain paper under the panchayat people in kolkata.however,now my eldest uncle is now denying to transfer the property to my father(rajendra yadav). so i just want to know is it possible according to the HUF law my grandfather can transfer the property to my fathers name as he was the main person when partition was done ??????????????????pls help

  138. Hi,
    We are two bothers and two sisters all married.
    My father died in 2006 without writing a will. All his property is acquired is by himself and my mother. My elder sister whom was married in 1995 is claiming the property again, but we had already given more than her share at the time of her marriage unfortunately we dont have any written documents for that. For her marriage my father had sold a peice of land. At the time of marriage she has been given gold money etc .She had filed a suit on us. Please help us in this regard.

  139. Hi,
    Myself Veena here my father and me were having our own house my father is a drunkard the only property was our house actually my father don’t go for job suddenly I gt married before my marriage my father started selling all the things for his drinking alcohol so I thought of saving my house so I gave it to his sister so that it would be safe and she told to write a letter and took sign from my father and from me but after I got married she has used this document and sold the house without giving me a message as per I am the nominee I just want to clear that can I file a case

  140. I am guardian of a minor kid, his father died in 2009 after one month retirement, he had kept his minor son
    As nominee and benficary of reterment benefits and for family pension, for the benifts the mother of minor child and wife of deceased employ, applied for succession certificate, the maternal uncle and mother of kid were building house togethe, they were told that the retirements benefits and pension will be given to minor child and the money will be kept in some suecduled bank and will be kept fixed till minor attains age of mutuarity, this was not liked by maternal uncle and he advised mother of child if we have to get money we would have to say that this minor child is adopted and not the real son of deceased employ so that money will be given to wife of deceased and mother of child, but by telling the court of additional district judge Srinagar, the court after hearing the case and no testimony was given by rest of family of paternal uncle or another maternal uncle or auntyies of both maternal and paternal, the court gave the judgement still in favour of minor child and out of total money eight share was given to wife of deceased and mother of child and rest of amount was kept in FDR in the name of child, but the succession certifacte has written adopted son and last year the mother of child died after tragic accident and before him the maternal uncle also died, the mother of the child had also kept the same son nominee for all pension benifits, but the accounts general wants adoption deed for family pension, due to adoption written on succession certificate has led the family pension in the name of his wife becz the account general had that time also asked for adoption deed so that the pension case to be processed in the name deceased son but then the case was processed in the name of deceased wife in 2009, now in 2012 the mother of child died and I processed the case for family pension in the name of one and only left son, and again accounts general is asking for adoption deed, where from I will get adoption deed when the son is not adopted and falsely proven adopted by maternal uncle for the greed of money of child, the mother has also kept this same child benificary of retirement benefits and for family pension, the mother case is also not being processed due to matter of adoption written succession, sir kindly help what shall I do the paternal uncle and other maternal uncle and both paternal and maternal auntyies are fully supportive to the child and almost all are shocked and now we are plaining to challenge the succession in the same court and already we have been issued legal heir certifacte by deputy commissioner Srinagar and the child has already birth certifecate and school certifacte which clearly shows son of the deceased, sir please suggest your advices so that the future of the child is not hurmed, what should I do ???????? Sir your answer is awaited

  141. SIR,

  142. sir i am from karnataka all property are in bangalore. and i am adopted son to my adoptive mother[born in 4/4/1954] is elder sister to my mother, they adopted legally by adoptation deed between them, when i was 13 years. now my adoptive mother died. my grand father as childers [3sons,3daughter] and obtained property[this property is still undivided] from this father and now my adoptive mother is 2nd child in [HINDU]family and she is no more with us. now can i expect equal share in a undivided property till date.[ my adoptive mother’s brother are telling u dont have right in this property]
    what is solution if i dont have right.
    i am cornerd, every one is cheating me since i am adopted son. my own brother says i dont have rights in my real parents property since i am adopted son legally.

  143. My question is asking about that if the property is the name of father,say A and if he gets rent from that property and now if he wants that all rent should go to his son bank A/c.So what will be the procedure without naming the propert on the name of son ,say B??? Now in simple language B wants that the rent should come in his bank A/c without chaning the owner of the land from A to B ..????

  144. My father in law has two wives, My mother in law is first and legal wife having two sons and a daughter and all are married. the second and illegal wife of my father in law has two married daughers and she herself is no more. All the daughters of my father in law including my wife has decently married. The two married daughters of second wife of my father in law now asking 50% share in the ancentaral landed property of my father in law thorugh court of law . He himself is over 80 yrs of age as such executed GPA and WILL in favour of his two legal sons who are looking after him. Please advise the legal aspect at the disposal of his two sons

  145. My father executed Sale deed in my favor against cash consideration of property A five year back and another property B, my father also executed Sale Deed in favor of my son (grandson) under my guardianship about four year back.

    My father dead just one year back, he also executed a WILL about 10 year back in favor of my mother. My sister file a case of partition in High court of Delhi on sold property ( Sale Deed).

    We also want to probate the WILL. If the will be probated than any property or cash or bank balance if any, will be transferred in my mother’s name.

    Please let me know where the WILL probate, in the High Court of Delhi or District Court and when.

    If we will be in the process of obtaining the probation of Will, is the partition case which is already running in highcourt, may be pending till probate the WILL.

    pls let me know, Sir.

  146. Hi Sir,

    My father in law is very abusive (verbally) and my mom in law always supports him saying he is the “mukya” of the house and I should listen to whatever he says, he is abusive not only inside house but also at our workplace (family business). Recently, my husband slapped him in public as he was using all foul words towards me. MY father in law filed a complaint stating that me n my husband can even kill him in the absence of my wife (she is right now in village, will return in few days) and now wants us to leave the house, he has two more sons settled in UK.
    My question is, can we still say no to leave the house and continue to stay against their wish. House is in my Father in law name.

  147. I am Hindu. My husband died in 2006 and I am having two daughters aged four and six months old at that time. My father in law had one son and two daughters. The son is my husband. My father in law is having six acres and one house property which was not owned by him. It came from his father. In the year 2007 my father in law has taken four lakhs money from me through cheque and made four acres of land as gift registration on my two minor children. Now any chance is there to cancel the gift by my father in law and any share will get to my children in the remaining property.

  148. I am a Catholic Anglo Indian, and the youngest son in the family. I have a Older Brother and Older Sister. My father died long time ago, in 2004 my mother has made a will wherein she has given 3 equal shares of the property to me, my older brother and sister, but the problem is my share is going into a trustee which is my sister but my older brother and sister have access to their shares and they can do whatever they want with it. My shares are put in a trustee ie my sister and it is mentioned in the will that, It is mentioned in the will that ”my executors shall invest the respective shares of my son derick antony in suitable investments, at the time sole discretion of my executors only, and if required under Captial Gains Scheme, and the nett income shall be paid to my son Derick Antony. In the event of my son Derick Antony predeceases me and/or on his demise, his wife and children should be entitled to the interest but the captial will still remain in the hands of the trustees.” At the end of the will it is mentioned ”with the condition that any monies due to my son ”derick antony” shall be invested by my EXECUTORS in the manner mentioned above and the nett interest paid to him or to his sons.” Please help me out with this because i find it very unfair that my sister and brother have access to their shares and that my share goes into the hands of a TRUSTEE which is my sister and i only have access to the captial, please advise me on how i could get access to my share without my share going into the hands of a TRUSTEE.

  149. My father is no more. Mother is alive. and 2 male & 2 females children’s for my parents and all are married. We hv total 4 property. Out of that 3 properties are in my father’s name and 1 is in Mother’s name. Now, what is the procedure to make no rights for sisters?

  150. hello sir, i am working with my father in his business since march 99 now he is under debts and is selling every plant and machinery we being a joint family i was and currently dependent on him he use to pay me 2500 rs now he is saying i shall throw you out of the house we are totally disturbed i have 2 kids and am not able to hold the pressure i asked him to give me at least 10 lakhs . do i have a right to ask a share from the property from him

  151. Hi sir, We are three brothers and one sister, Two brothers are unmarried yet. My father has sold the house ( which he inherited from my grandfather ) without taking anyone into confidence. Can he do so? We have no other place to live if this house is sold. My mother is still alive and none out of us is willing to sell the house. How can we stop this deal. Your legal advice please?

  152. My father has 7 children and I am the oldest. A lawsuit has been filed by my 6 siblings against me. Can the 6 of my siblings sell their right to a prospective buyer and if so can that be registered in the Registrar’s office. As I understand, the rights of the 6 do not show the extent of their area and the extent of my area in the property If they sell their right, can the buyer do any development?
    Please let me know your opinion as soon as possible. Thanks very much.

  153. my father has six sister and on elder brother.. my grandfather earlier met with accidencial death. but before that he made an will parting his property of land between two brother and no part given to my aunty(my father’s sister). but they want file a case against to take the part in the propety.. will they succeed..?????

  154. Dear sir
    My late father had seven full brother (two elders- dead ) and five younger brothers( two died ) . He also had two full sister (one elder – died and one younger -alive. My father youngest brother died in 2011.His wife and son had earlier passed away. He has left behind two ancestral property (self owned) ie one full fledged constructed house and site in prime locality in Bangalore . Three brothers are alive and one live abroad. Do we brothers sons(father and mother no more) have rights for property share and if so what is share . He has not left any will and his elder brother wants to dispose off the property as they are also old and wants our permission . Please advise clearly . Thanks and regards.

  155. my sister was married in 2012 .soon after marriage her in laws started torchuring her for bringing dowry they even used to beat her and they consistently pressurised her bring 6 lacs from her parents for paying car loan which her in laws had bought a month before the marriage .they are narrow minded people they wanted to detect the sex of child in the womb as she was pregnant after marriage .in order to pressurise more they even filed a divorce case against my sister my sister and her husband lived in delhi as her husband is working in delhi and her in laws are in chandigarh her husband use to bat her in order to fulfill thier dowry demand he left mine sister alone in delhi and without knowing her he filed the case againat her of divorce even knowing that she is pregnant of 9 months and also knowing that both are living under one roof .sister in law family as per their plan published the disown of thier son and his wife(mine sister)from thier property in news paper
    now she has concieved the son i want to know that whether child is eligible for the property share of his grand parents as his grand parents had already published disowning notice in news paper
    mine sister in law family is not ready to compromise as they had plan to re marry thier son and engulf large sum of dowry
    please help me out sir

  156. the third party purchased of a share in joint family property is entitle to an injunction for possession against the remaining co-owner in an undivided property

  157. Dear Sir,

    My Father got married Twice. When he was 18 years old. He had a daughter with his first wife. Wife was not mentally stable and left house with daughter and never returned up until now. My Father’s sister and other relatives got him married to my mother. Four children were born.
    My Father got a court affidavit prepared around 20 yrs back and had his first wife signed of her mentally stable condition.
    Now this year, first wife has sent summon to appear in court. My father gave her some money and she did not proceed with the case.

    My questions are:
    1. Does she still have rights to be called a wife after deserting my father for 40+ yrs
    2. What are her rights on my father’s property (acquired from grand father) and self made
    3. My father has not made any will yet. If my father makes a will for 2 of this sons from 2nd wife, is his first wife still make any claims on property acquired from grandfather or self made
    4. My father is a retired governent servant and is getting pension. can his first wife claim part of pension.
    5. In case of my father’s death, can she apply in court or in bank to get that pension. The declaration in his pension book has her name however photo is of my mother.

    Please suggest

  158. Sir we have 2BHK flat on name of my father after my father death my elder brother staying in it and not allowing us to stay there and also not paying me rent of it what should i do please guide me ?

  159. Sir my father is not willing to give his house property to me although I am the only son.He wants to sell or give the propety to my only younger sister who is also married. But my father has acquired this house ancestrally because the house was owned by my grandfather and all his son got equal rights in it.Please kindly suggest what I can do legally.

  160. My maternal uncle died on 1985 and he has many properties. He has five sons and three daughters. His two sons has already been died. Now in the year April, 2013 his sons claims that he made a WILL for them and there is nothing for his daughter and want probate and made a case under District Delegate Court, Howrah. My question is that after why they asked Probate in the year 2013 after 30 years of death. And his three daughters can get the properties ? The will which his sons shows, is this real or false ? How we know that. His daughters wants the share of property. Please advice at an early date to my E-mail directly.

  161. i m 60 yrs old.
    i have no child.
    my wife expired 05 years before.
    now i m leaving alone.

    i dont have my own property.but i have ancsestral property.
    can i give the rights of my ancestral property to anybody.

  162. Ours is considered to be Joint Hindu Family . My grandfather has three sons and two daughters,. My aunts are married and their marriage expenditure has been borne by my grandfather. After death of my grandfather in 1980, my both uncle left the place and decide to reside in city. Since then my father is only person who has taken care of the property left by my grandfather. However, there has been no will executed by my grandfather for distributing the property among his three sons. Now My youngest uncle has passed away 15 years before and my auntie has never came and changed her name in 7/12 of property. Also my uncle have never came back in 30 year since they have shifted to others cities. Now the house situated in this property in owned by my father and all the house tax receipts are with his name. Now my father wants this house to be renovated but my auntie in claiming her part in house and property and has objection in renovating the house. Now I shall be highly grateful to you if you can provide me opinion on the following points:- 1) Can my auntie and uncle both claim their part after 30 years not staying at this house even if all house taxes for 30 years have been borne by my father and all the house tax receipts are with his name?

  163. Sir/Madam,
    I am referring one case.A lady bank employee can declare her in-laws as her dependents after her husband’s death? Can she claim hospitalization bills and LFC on behalf of them if they

  164. Dear Sir/Mam
    i am NRI, my both parents died without any will, we are three borthers n 2 sis out of them one is divorced satying at parental property

    my elder brother in whose name property was bought when he was 2 year old later father did not tranfer or leave any will ,my elder brother beats every one n abuses family members finally i decided to file a case on property dispute claimng so many kids etc however till today he is not taking legal notices sent thru lawayer or by speed post or regd post , i am out of country what is to be done lawyer is also not supporting i feel he needs only money

    what is the procedure to make him to take legal notice and appear in court

    plz help, i am the only guy who is earning supporting my younger brother n divorced sister n her kid studies
    plz some can guide me

  165. Dear Sir/Madam,

    My grand Father had wrote a will in my uncles name with the condition only to enjoy the possession. Selling right had give to my uncle siblings, unfortunately my uncle do not have childrens. Now his age is 42years and suffering from cardiac diseases. He wants to sell the property for his medical purpose. what he has to do.

  166. I am Hindu unmarried man my parents got seperated before 35 yrs. I m living with my mother n two younger brothers, I come to knw my father is death. Can I claim his property

  167. I need some help someone to write a sample letter:
    We are 3 brothers and one sister: After my mother died her property share is now holding my father, My father got married again and have one kid (6 yrs.
    My father now divided all the property into his own new family and left a little share for us between 3 brother and one sister which we dont accept his proposal.

    Now my decision is: On behalf of my other bothers and sister, we want to write a proper letter that we dont need anything or any share, and we will give to our father and his new family. as because my father didnt give us the proper share which really we deserve. So unjustice.

    Can someone help a letter, i mean how to write a letter that we happily not accept his proposal and we signed in paper that we dont need anything.


  168. my grand father came from pakistan and settle in delhi and he died in dec 2013
    Q is that there are no paper of land and ancle saying he have the will in his name but not showing us can i file a case

  169. Our’s is a Hindu undivided property and my grand father has died in 2000 left us 200 yards of property and my father has got 2 wife’s being first my mother and 2nd the step mother.. however she also died in 2002.. would like to know if my father 2nd wife children are entitle to get their share in my grandfather property.. if yes.. what if i go for DNA test against my father’s step mother son’s and daughter’s with my father’s DNA which may not match as i suspect they are not my father’s kid’s.. Just like to know if DNA does not match still are my father’s step mother’s kid’s are entitled to get their share or can i go legally against my father and those kid’s as without being my father’s kid still enjoying my father’s money and property. Further, whom to approach to get DNA tested and go legally against my father and kid’s and moreover, would like to if i can file complaint against my father as since from 1993 he is not looking after us.. he is only looking after step mother’s kid’s.. not even bothered about us and my mother. off 4 brother’s of my first mother i am only one who graduated other did not study and sacrificed their life in getting me studied because my father left us and taking care of step mother’s kid’s.. Need procedures and help to get settled in property and justice against my father negligence on us.

  170. Sir, My father owned one land that land is not ancestral property. My Father and mother have passed away. I am 2 brothers and three sisters. My father’s brother i.e. my uncle is asking share from that property. please tell me is there any share for him?? please reply soon

  171. my grandfather want to make a will but my uncle and aunties not coming for approval sign of them and they blackmail my grandfather for property and is there any way so my grandfather can make at least property will is there any rule that equal part of property is to be share among children’s let me know as soon as possible

  172. my grandfather & my father leaving together in mumbai since 1984 my father father is elder one and remain three brothers leaving in another state now i have a question my grandfathers was passed on in 1997 and he did not make any will my grand mother is living now in village and all the expenses of the house we (my father)only beard since the house purchase now my uncle’s want to sell it and divide all the money in four parts but we says if we are paying all the maintanance of the property then why we cant get the individual ownership of the house pls its my kindly request show me some way all the documents are on the name of my father in ration card/light bill etc.pls suggest me best way i am waiting for your great reply thanks

  173. land-agriculture
    during partition it was allotted to custodian (2 beegha)
    now they sindhi says it is our land, case karish in sdm court
    in 1981 sindhi selled land to x than to y
    my father purchased this land in 1971 in alwar rajasthan by registry through a(y) sharma . we have a kabza from last 40 years

    how this land can be transfered to us by mutation

    lalit mohan

  174. Hi Sir,

    I am planning to buy builder floor in Delhi.When we sits with the buyer,they earlier told me that they have all the required document but now they are saying that they have only Relinquishment Deed(RD) as the owner of the proerty died accidently and the owner have 5 sister and 1 brother.So,they have made a Relinquishment Deed and made the only son the owner now.

    Now they are saying that the original sale deed is lost and anf they have only true copy of the Relinquishment Deed.The older regestry papers are missing.No bank is allowing loan on this property as the original sale deed is missing as bank are suspecting that some financial problem or might be some loan running on the existing proprty.

    I need you help on this.Could you please explain me is it safe to buy the property with original sale deed.With only Relinquishment Deed is it safe to but the floor.

    If there is loan running on the property then how can one get this clearified.

    The said proerty was purchanced by Mr.Purshottam das in 1962 and later he died. and in 1996 Relinquishment Deed was made by all his family members and property was transferred to Mr. Thakur Das who is the only son of Mr Purshotaam Das But the original sale deed they are saying that they have lost it.I asked them if thay have file an FIR and published an advertisement for the same then ethay are denying that they have not done so.I have made a advance payment of 6 K .Please suggest what to do and whethet i can get the loan with only Relinquishment Deed.

  175. We dived in 2009 that timr I got properties which is my brother’s name now one property sold as per agreement the amount is my but brother refused to give wher to complant against family disputes

  176. My father ( C ) & his 2 elder brothers ( A & B )were staying together in a house & immovable property, A Has five son child & B has 2 daughters, while C has 2 son & 3 daughters. After the death of A & no will was made by him.The B & C demanded division of prpoerty from window of A but there are not willing to do division of house & property ? This is due to `A` five sons & showing muscle power. Also nobody is coming forward from A widow & 5 sons for discussion for partition. kindly guide how to proceed to get the property. All the property is in the name of A ,B & C except house which was ancestral property. Plz reply / clarify these ………..

  177. Hello sir
    Just I want to that. My father have a property on his name. But at the time of registration his age was below 18. My father had 3 more brother and all want there share on his property. What should I do right now.

  178. I am a married boy of 23yrs. I have one younger and one elder brother and . I had a love marriage 2 year ago in the other caste. Now this year of our marriage my parents are not accepting me amd my wife.. they think that love marriage is a wrong thing actually they all belongs to village family. last year my elder brothr got married with same caste neighbors village girl. Both my elder bro and sister-in-law doing job and they always want to creats obstraction in our path like we can’t go to our parental home because of the name of our caste if we go their my caste throwout my mom and dad from that caste. so that’s why they are fearing of that and as I m not doing any job and my wife also not doing so they help us in financially. Bt after my elder bro married their are totally changed they all ignore us in any types of parties, occasions like diwali, holi etc they only prefers both my bro and his wife. I am doing my best but now I m tired I want to do more study in banglore as my admission is also done their bt now they are not giving me the whole amount of college fees and my financial fee.Now I want my whole property plz sir give me some direction in such case of my life..

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  180. Sir
    My grandfather has 7 children, 3 son & 4 daughter. All the daughters are married. My father and both uncles and grandfather all lived as a joint family.
    My grandfather had purchased a property in 1992 and as my chacha was the youngst brother , so he took the property in his name. That time mu uncle was unmarried.
    Now my grandfather had expired, and my uncle is claiming to be the single owner of the property as the property in his name.
    So how can we claim our part of property.

  181. my father as well as my mother is expired. the electric meter stand in my father name i made an application to b.e.s.t electric department to change of name from my father to my name ,but my sister is objecting not to transfer the name .i produce all document like my father n mother death certificate ration card (main house hold name),rent receipt of my name of same premises,election card,adhar card n affidavite, my sister is married n she is not staying with us her name is not mention in ration card, or any other document,now she has put an objection letter in electric department that not to change the name, does she has a right to do this ?plz help ,department is not working futher becoz she has put objection letter, plz guide me what to do…….i made an aaplication to deparment has meter cannot stand in deceased person name so u hav to trasfer it,,,,help me what i do

  182. Hi,

    Ours is an HUF. For my parents, 3 kids – 2 boys and a girl. i.e. My brother, my sister and myself the youngest.

    Recently, I paid money to my brother to buy a property for me, because I was not in town for a while during the registration of the property, my brother registered the property in his name.

    Now, when time comes to it, what is my right on this particular property ? Can you please let me know if I would have any right on the property at all?


  183. want to know my father’s right against his parental property. A property is in the name of my grand father on which an hotel is constructed and it is registered under partnership act . The partners r my grand father and his four son (including a minor son at that time ). My grand father has three daughters also. Is the daughter’s have any rights against the said property . my father is the 2nd son . what is the rights of my father in the said property.kindly suggest me .

  184. want to know my father’s right against his parental property. A property is in the name of my grand father on which an hotel is constructed and it is registered under partnership act . The partners r my grand father and his four son (including a minor son at that time ). My grand father has three daughters also. my grand father died many years ago (approx 15yrs above ). Is the daughter’s have any rights against the said property . my father is the 2nd son . what is the rights of my father in the said property.kindly suggest me .

  185. Dear Sir,
    I would like to get the advice /suggestion from you on following mention quarries for a legal heirs of my sister property in Mumbai
    1)My sister is having before marriage MAHDA flat in her maiden name at Mumbai
    2) My sister married in 1989 with my brother in law’s second marriage
    3)My sister died in Dec.’13 with out making a will, and my brother in law died in 2011
    4) My sister do not have her own child, but have step children
    5) is step children have rights in property?
    6) we one brother and two sisters are have rights in her property?
    7) please suggest how we can go ahead?
    8) what is time limit for claiming of rights?
    Awaiting for your early reply.

  186. Namaste Sir,
    I am a resident of ANDHRA PRADESH.I have a problem with my aunt(mother’s sister)regarding land .I will describe the incidents which occurred and explain the problem. Hope you make your mind big to understand the situation.

    Around 15 years back my aunts(mother’s sister) husband was suffering from throat cancer.They had 3 sons(only one above 20 age) and 4 it was difficult for them to make for their food besides hospitalisation of my uncle.

    They frequently used to come to us and asked for money,food and residence for some years. They owed us so much that they cannot repay back whole of the money which we spent on them. so in return they asked us take 5 acres of land. we did not ask them to return money. but they only came to us and registered their land on my fathers name. Upto 2010 they only used that land for cultivation and they only enjoyed the profits. even then we did not force them to give the rent for the land yearly..days passed 2010 land value was tripled so they were forcing us to return the land…we are not willing..they went to court complaining that we took the land forcibly as they are not educated…court sent notices 3 times to the place where we are not is in Karnataka..we donot know about the notice of the they are telling that the land is theirs…what should I do now?

  187. Hi, I am married 3 months old and I have got my fathers property in my home town, now my father and mother are deceased, but my sister who is settled in USA is not willing to sign for the sale of property and she is not willing to turn up for my financials. I am buried without proper property in the present town. Is there a way to sell that property without her willnes?


  188. Respected Sir;

    we are 3 children my sister is the eldest and i have another elder brother,I am the last child of the family. From the year 2010 my family was having a few issues regarding the property as it shld be shared between me and my brother, my sister has received money for a flat and also purchased land from my dad’s retirement money. Now she is intervening in the current property and influencing my parents not to give me my portion of it, last year there was a dispute and she had blamed me and also had my brother turn against me and got me out of the house. Now she is planning to take away my portion of this house too, I am so hurt and lonely as i have no legal support or guidance too. They had also lodged a complaint in the local station saying i was harassing my father for my property and other false accusations. I really need some guidance as i feel i have the right to get what i deserve i worked for almost 13 years and i did provide them a part of my salary too. My brother did not give them a penny; but he is also now against me in getting the property. Kindly help me with some valuable suggestions and guidance too as to how i could get my share
    of the property.

    Justin F.

  189. Sir,
    I am Shaligram from Samistipur Bihar. My Grandfather purchased a plot combined with his brother and both having 4-4 sons respectively. Now my grandfather and his brother not in this world. Above land not transferred to any other or their sons. Now my uncle are selling his shear of land.So u are kindly requested to suggest me that is it legal that they are selling their shear. My father died last year. can i sue against them to not sell plot with dividing plot??????

    Please suggest…..

  190. Hello,

    Sir I got married on Nov 23 2010 with Raginee Pandey (UP) after our marriage she dont want to settle with us. She use to go her parents house after each and every two months for atleast 5 – 6 months…I suppose in whole period of our marriage she live with us only 1 year or 1.2 Year at my home….Before leaving last time she beaten my mother and left our house…I also informed on 100 about this scenario to police but have not filled any FIR as she left our home with her brother on same day….Now we received a notice in which they had made so many false allegations on us such as dowrey, abusing, fighting and etc…. At the end of the notice they are claiming maintenance of RS 10000 per month.
    Could you please advice us what should we do me and my family have not made any wrong behavior with her but still their family alleged us.
    Could you please also confirm me that we have a own house in gurgaon on my mothers name can she claim her right on the same.

    Please assist us on the above scenario on urgent basis we are innocent but my wife and her parents are greedy and they are harnessing us.

  191. Dear sir,
    While purchasing house property my grandfather directly registered on my grandmother’s name and after his death, my grandmother has gifted property to my father and now sons , do we have any right on the existing property even though my father does not want to give.

    Request you to look into this and do needful.

    Regards and Thank you,

  192. Dear Sir,
    We are two sons and four daughters for my father. All the property deeds are on my fathers name and everything is self occupied. All the four daughters have been married and all the marriage expenses were born by me and my father. If my father executes a gift deeds in the name of me and my brother without obtaining any NOC from my sister his there any legal problem. If my father executes a will and the will get registered in the name of me and my brother is there will be any legal problems in future.

  193. Hello Sir,

    I am Hindu and from Tenali. We are three brothers, Both of my brothers are married. I am the youngest and single. House is owned by my parents. My brother’s wives started quarreling, so my parents asked both of them to leave the house and live your own life separately. My younger brother shifted to some rented house and living his own life. But My eldest brother didn’t shift and saying I have the right to stay here. My parents also didn’t say anything. After few days daily they are shouting my parents taking some silly silly reasons. As my father is a patient he is facing health issues. So My parents said you also leave the house and stay separately. But he and his wife threatening that they will not leave the house otherwise they will suicide. I decided to take rented house and take my parents to my place. Again they are shouting and threatening of suicide saying my parents should not leave the house. I am really getting worried of my parents. Even we called some elders to discuss the issue but they are not listening to any body just saying the suicide threat. In this case how should I handle the situation to look after my parents. Please suggest.

  194. My mother has 2 brothers and 1 sister. Neither my mother’s brothers nor mother’s father has earned this property. I just wanted to check will my mother get any share in this property? Please suggest…

  195. Sir,
    We are 2 brothers. After death of my father my mother want to gift her house to me where we all are living now. Now my brother contending that though land was purchased in my mother name and in every tax document etc showing the property in mother name, it is not her, but money paid by my father. Plz advice whether she can gift the property.

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  197. hello sir i want your guidance regarding my father land dispute with his elder brother who has taken possession of all land after my grand parents died when my fahter was studying-his Elder brother married him forcefully and since then he is not giving due share of land to my father claiming since he married him-what about the property inherited by my from father from his parents-gudiance required—can i seek court and what if he has made changes to land recors in his name,what can i do to get our legal share of inheritance ?

  198. I am 14 years old. I lost my mother one year back. I have a building in mother’s name. After 6 months of death of my mother my father got married again. She is not accepting me. She forced my father not to take any relation with me. Now I am with my aunty (father’s sister). She is bearing all my study expenses and all other expenses. My father is Ex-service man. He is getting pension. Now my question is am I eligible to get any share of the pension and the building which is in my mother’s name. Kindly suggest me.

  199. Dear Sir/Madam
    After the demise of flat owner, the house is not yet transfer in favor of his three children (as per Nomination form) & They want to sell that flat. in that case What should be they have to do legal arguments and documents??

  200. Dear Sir,
    I would like to have your clarification on the following:-

    I reside in Chennai in Tamilnadu. My mother in law resides in Kumbakonam in her ancestral home with her father. She is the only daughter to her father. The ancestral home was settled in her favour by her father recently.

    My mother in law has 3 children, one of them is my wife, while the other two are living in north India (one son & one daughter).

    Since only we are taking care of her, my mother in law wants to settle the ancestral house (which she now resides in, which was recently settled in her name by her father who also lives with her) in my wife’s sole name. Is she legally permitted to do so given that the house in question is an ancestral property inherited by her & do all my wife’s siblings have a claim over the same.

  201. sir , my father in law is the only son of his father. he married my mother in law and had one daughter and one son .As my mother in law was not able to give birth to other son my father in law married another women without consent and not divorcing my mother in law. he has two son and three daughter from second wife. he never took any care of my mother in law though he was a government employee and got retired in 2010 . now he does not want to give any share to my husband and my mother in law in his property or the ancestoral property. please give advice what we can do to get our legal share. he does not even give any share from his pension to my mother in law nor he gave anything from the money he got after retirement.please help

  202. in my family my brother n bhabhi is very rude with my parentes. they torchure my family . my mother n father hetted bye my brother n bhabhi. and my father made a house with his own money n brother n bhabhi staying there only in that house.and my brother earning well and he never helped my father .and he both are stying same home. so its very difficult to stay same house with them they torchur alott all the time. my brother n bhabhi disone by my parents . but they recieve one notice from court.but they are not leaving the home till now.plss tell me the procedure of court notice .how eill they leave my fathers house.plss i am waiting for reply

  203. my father bought a house in delhi in 1984.As me & my father are in odisha ,the property was rented to different persons through my brother in law staying in delhi the last tenant left the house march 2014.When we wanted our keys(house) back
    my brother in law has kept another person without our brother in law has no power of attorney or any original documents he has electric & water &house tax bill recipts which were paid by the tenants.Now my brother in law is not willing to vacant the house.what should i do??

  204. good afternoon sir im sudhakar i got married on june 2010 and i have two childrens my wife has left me alone and she is staying with her parents from past 2 years she filed a case aganist me as a restitution of conjugal rights im staying with my parents ours is a joint family the property is owned by my mother in the court my wife said that she will not stay with my joint family she intrested to live seperatley for that also i have agreed in the court to live with her by she is postponding the case and she is saying that she is intrested to stay with my family so. sir plz help me what would be the reason for her sudden change of her mind either she is looking for property is it possible that she will get a share from the property according to the law as the property belongs to my mother.

  205. my father left land and propery in village 35 year ago after that we had satteled in mumbai we vesit our village every year. now once again my father ask for property and land now they arr thretenig to kill us they have beaten us many time now wht should i to get back my property?

  206. my grand father own a house after he dead his property was transferd to my grand mother they have 1 boy and 4 daughters ..1 girl is un married all are married my grand mother had gifted house to his son can the unmarried sister & married sisters get the share

  207. my father is a government employee. he is death . my father 2 married but 1st wife gives maintenance and second wife name in service record .1st wife claim in service .he is true ki false . give me answer

  208. hi sir ,
    my mother is a window since last year. my uncle and my father are two brothers .since my father died last year now my mother wants to claim for my grandmothers jewellery .who is also dead . now the question is where can she file the case ?my uncle has already denied to give her share because it is lying in his locker. my grandmother used to stay with us in her oldage .7/8/2014 bilaspur chhattisgarh

  209. SIR,
    one of my friend is serving in armed force of the country. she is 35 yrs of age and is not married. They are 3 sisters and no brother.
    Now the issue is that the employer is not giving her family accomodation citing the reason that she is unmarried and instead giving to some other married officer. Though she has reported earlier in the unit.She needs the accomodation to take care of her old age parents.
    please give comments on above case.

  210. Dear sir,
    My father has left us when I was child 5 years old now when I am 27 years he came back and claiming the property. But the is in the name of my grand father and my grand father dispossessed his son (my father) by declaring in news paper. Please sir help me out what should I do and also give suggestions what would be the conditions if my mother favours my father.

  211. sir
    i m a 22 yrs old gal my father abuses n beats my mother she doesnt want to take any legal procedure against this but actually it is disturbing..also they r forcing to marry me but i dont want to for these reasons i want to get emancipated from my family what legal formalities should i pursue without any court case or hiering a lawyer kindly guide please

  212. sir my father in law and mother in law expired an accident.they have two grand father in law is alive. he have agriculture land.but he has old ideas.he does not want share of grand daughter.his small grand daughter is unmarried.i want know his grand daughter how to get our possesion

  213. Hi,

    We are 3 sons to our parents. My mother has constructed a home and that property in her name. But the 50% contribution to that home loan is by me only. I was withdrawing my 90% of my salary amount every month and was giving to my parents to the loan. But now due to some family quarrels i fought with my mother and not talking to her. My brothers are making this complicated by telling bad things about me to my parents and now they want me and my wife to go out of this house. Please tell me how can I get the property from them. I have given all my money to them and not saved any thing for myself…Please suggest

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  215. My mum passed away recently. My dad has applied for legal heir certificate. I have an elder sister and a brother. Is it mandatory for us to give an NOC, to enable my dad to get the LHC. Being the husband, is he not legally entitled to get the certificate in his name.

  216. Sir, i have a land and i want to setup a mobile tower. And for this i published my detalis on net.
    After some month i got a call form a private company.
    They said that we will set a moblie tower on your land, for this you have to submit scan copy of my land documant, my identity proof card, my mobile number and my 2 photos.
    I check on net the name of that company which is situated in Mumbai,India.
    But sir i am not sure that the person will be loyal or not.
    Sir i want to know that is that person do any mis use of my documnt?

  217. sir, i am divorced lady with 7 yrs old daughter. i want to file stay on the property of my inlaws so that they can not sold the property and my daughter can file case for her right after she bacome 18 yrs old on her property. what will be the procedure

  218. Dear sir,
    My father having a 3bhk house in lucknow. He is in army service so he given his house to his brother without any wriiten documents because of good relation. And now he refuses to relocate other place. After this we also entered in the same house.We are staying but both are not talking to each other what process we have to do.

  219. dear sir we are three brother our house is my mother name now
    not more my elder brother wants demo lies old house and built new one sharing all three . if it is necessary to give any NOC to my elder brother and any issue in future to us. pl advise us

  220. Sir,
    I am shinumon.c.n , age – 33 from kerala.I am the only son of my father & mother.When I am studying in 5th standard my father was found missing ,Now itself there is no information about my father .My mother & me is staying in my father property (land).Now also the property is in my father name .Now i desire to convert my father property into my mothers & my name.Sir there is any option to convert my father property to my mother & my name.Pls advice what to do.

    Requesting to pls send me your great advice in my email

    Thanks & Regards,


  221. Respected Sir,I am from Kolkata. We are one brother and one sister. We have a house in the name of my mother where I am living with my wife and my child. My mother expired last year. After my mother’s death my sister wants to stay together with us in the house. While she had her own property and she is well settled with her husband and two children.Her husband is an govt. employee. But I am a self employed person don’t have an secured job.Now she wants a partition of the property to stay over there.It is not possible to stay together. Is there any rules to save the property.She is wanting only the partition not any remuneration.Please advice me what to do.

  222. I have 2 step sisters.both are married.from second mother me and my brother.Now my father is 70 years and my mother is 68 years.My father is not keeping well now a days.My father not made will also.i want to ask you after my father ..who is the Legal owner of our house.If we want to sold the house then how to share . ( 2 step sisters , me my brother and my mother) we have small field in native place also.please guide me how to share that field ? My father is against us. They love only my 2 step that i m worried.Please guide me.

  223. Dear Sir,

    I am the younger brother of four children of my parents. Two sons and Two daughters are there to my parents. My parents, out of their own hard-earned money, they bought a old house, demolished and during 1999 built up a new house measuring 610 sq.ft. including pathway and roads. My father expired in 2003. Since then my mother was living alone in her own house. Now we, all legal heirs, decided to get their own amount by dividing the share of property to their entitlement. The property is now owned and in the name of my parents, i.e. mother.

    Now, instead of selling the house to an outsider, my mother opined that any one of heirs may acquire this house property by paying the eligible ratio amount of sharing to rest of heirs, by mutual consent and settlement.

    Kindly advice about what are all the legal procedures to complete such transaction ? What are the formalities required to be followed for smooth sharing of the settlement amicably.

    Also, pls guide me whether any loan facilities available in any banks or other financial institutions, for completing such deal.

    Expecting your valuable and kind advice in this regard by return of reply in my email.

    Thanking you in anticipation,

  224. Dear sir
    my father built an house in bangalore in 2001 .we are 5 in our family father, mother , my self, younger brother and younger syster . After my marriage in 2005 due to a family dispute i had to build a house on the first floor of our house with the permission of our parents . in 2011 my father registered 400 sq ft of land and first floor as a gift to me . but now due to dispute in he family he just want me to buy the balance property with our any signature of my mother ,brother and sister . As per his thinking he tells me that it is my own earned property you pay me 40,00,000.00 and take the house and i will pay some amount to rest of the person . Kindly suggest me what to do with this issue as per no family members are in contact with each other .Kindly suggest me an way that my self and my daughters may not face any problem in the future from my family members and parents.
    Waiting for your reply


  225. IM a catholic boy my father had love marriage with muslim girl she converted in to catholic after few years my mom left my daddy and went to her father house I was with my papa in 2004 my father expired then in 2005 then I start living with my mom now the main thing is my grand father’s father have 2 shops where all these brothers n their family is to stay after my grand parents dead I went to stay they hunt me out of the house they say you are not belong to iur family you will not get your share I want to know as per catholic law wil I get my father’s share are not I dont have any kind of paperof property and my grand parents didnt put my father or my name in property tell me what should I do

  226. my mother passed away when i was in 4th class. from 1st mother we are 2x sisters and me 1x brother. My father married with daughter of brother of my mother. initially he act good, later he went violent, restricting me from food, acting weird. every time fighting. from 2nd mother there are 6x boys.

    i was completing my education, i was disturbed every time by figh, so i decided to pause my studies and get a job. later on, i asked my father about my friend whom i want to get engaged, but my father totally act like puppet whose key was with Step mom. so i do court marriage, now; my step mom do not want to give me any part of property, since 4 years i am trying to solve matter by talks wit my father, but of no use.

    what should i do, legally?
    in case , i proceed court; will my father will “Aaq” me, in retaliation, will it be legal?
    i am living seperate at rent house, since 4 years, they are not taking any mercy? and i am not forced to take legal actions.

    please early response

  227. We are a syrian christian family. My family consists of my father, mother and two daughters.
    In 1994, my father sold his share of ancestral property to his brother for two lakhs INR. we were not involved in signing any document althougfh he took our verbal consent. The money was used for the marriage expenses of my sister and me.
    My father who is retired, purchased a flat with his savings and has his retirement benefit in the bank. They have been with me for the last twelve years due to medical problems. I have been funding their expenses. My sister has not helped them in any way. Now my parents sold the flat and want to make a will stating that they would want to give the entire money to me. Can they do it? will my sister create trouble after their death?

  228. my father expired suddenly without writing a will. my mother and me want to divide the property among my 2 brothers but we have no clue. There is one piece of land and one house(which has no registry). my younger brother wants the house worth 70-80 lakhs and is not ready togive even a slight share to my elder brother. both are not ready to come to court and settle the matter. my mom is ageing and doesn’t keep well. both brothers hate each other like anything. what shall me and my mother do to avoid any bloody clashes, we are really worried. please reply urgently.

  229. Hello, i m 28 year old women, me and my husband getting married according to arya samaj rituals before 4 yeas and its a hidden marriage and we both are hindu. In 4 years m never make a contact with my parents because they dnt want to see my face, but my husband make contact with your parents and he never tell them about our marriage. We live very happily and we have a 3year old baby girl.
    But the problem is start before 1 month, when i saw a video on my husband laptop that he remarried again with other girl in front of your family. I cant tell you m totally break. I ask him about all of this, he tell me that he getting married only because his parents pressurize him but now his other wife not comes his home because of goona rituals ( woman come husband home after some time, and it is now in eastern U.P). He getting married before 2 year but he loves me too much and he also not want to leave me. tell me pls what we do?
    I feel very in-secure, i dnt know what m i do?

  230. ours is hindu grandfather has 3 doughters and 3 sons.the property is divided in of the doughter died in 2012.her doughter now filing case against all for equal share of property does she has any rights? please explain me.

  231. hello grand mother have two elder brothers before my grand mother birth her father registerd his wife as nominee.In that document they mention elder brothers name after one year my grand mother was born and her mother was passed away.whether my grand mother have rights to as her property or not.

  232. another grand fathers father have 5acrs in coimbatore due to some reason they move out from the places .thy lost all the documents and they died.only my elder grand mother is living she knows only my grand father home but she dont know the farm .who could i found the farm and how can i take sfno.

  233. My brother and his wife leave with my mother but they harassed her very extremely all pepar of property fevour of my mother she want to throw them out from her home kindly let me know what is the processor for that by Indian law

  234. i am a private employee, got married before 14 years. my mother died off in 1998. my father is rtd govt employee. i had a brother . mhe got married.
    my mother had 1.5 acres of land and a building given by her parents and daddy also had 2 acres of land given by his parents. till now my brother is taking rent, all land and farm benefits..
    my father and brother are living together.iam living seperately bcz of job. from the past 14 years my daddy is not giving me any money and support. he is distrubing us by using vulgur and abused language.
    my mother d
    he given 40 lakhs from the joint proprty to my brother.
    now i want my share… pls help me

  235. I am married on 08th December, 2012. We have no children. Both are bank employees, working in same bank, different branch. We are staying in my own house. Apart from us, my mother, my brother and his wife are staying. My wife is very jealous with my brothers spouse. Some or other how, she find fault in me, my mother, and every other in the family to persuade me to move away from my house to live seperately. Many councelling got over but in vain. We are not mentally attached now. We are parting. Her parents had demanded returning back of gold ornaments, which is ready for transfer. Please let us know the format for writing the documents on returning back of gold. What legal proceedings are there once we move to family court for divorce

  236. my late grand father has three sons from which his socond son which is my father had taken 2lakh rupess when he got separated from his family and at time my father’s elder brother had taken my father’s signature on 50rs stamp paper as a proof that he has taken his share from that property.after the death of my grandfather my fatger’s elder brother didn’t show us the Will and we have a doubt he created a will himself which is fake and he told my father that he is having noshare in his father please suggest us what should we do???

  237. my late grand father has three sons from which his socond son which is my father had taken 2lakh rupess when he got separated from his family and at time my father’s elder brother had taken my father’s signature on 50rs stamp paper as a proof that he has taken his share from that property12year ago.after the death of my grandfather my fatger’s elder brother didn’t show us the Will and we have a doubt he created a will himself which is fake and he told my father that he is having noshare in his father please suggest us what should we do???

  238. When the immovable property is in a suit for partition @the donner(grandmother)gifted his property(1/4th shair)to the donee(grandsons)by record(mutation of names)also have a registered gift deed but not with a actual possetion.The gift is valid or not?What are the recent case laws.

  239. Mr.Patel Aslam Akbar says:
    October 25, 2014 at 9:41 am

    When the immovable property is in a suit for partition @the donner(grandmother)gifted his property(1/4th shair)to the donee(grandsons)by record(mutation of names)also have a registered gift deed but not with a actual possetion.The gift is valid or not under Musim law??What are the recent case laws.

  240. My mother settled the property to me. I have build a house on the said property. Now I wish to transfer the said property to my brother and sister. Which could be done by settlement deed as I my mother did to me. But I required to know that I wish to receive the cost of the building. Can I do both that is settle the property which was conveyed to me by my mother and to sale the building which constructed on it.

  241. sir I want to ask a question. kindly answer it.
    my grandmother purchased a property of three plots. now she is no more. she have 3 sons. at the time registry of property she entered the name of her elder son as a nominee who is no more but have 1sons and 2 daughters . now can my father and younger uncle still have right on that plot. can my aunt throw me out of my plot. please I request you to answer me soon.

  242. this is anirban from kolkata,right now we are living in my grandfather’s house but he already died over 10 years ago and also my grandmather aslo died before 5 years grandfathers has 3 sons and 2 daughters. 1 uncel was died before 5 years ago.
    right now my one of uncel doing illigal contruction in our present house,so we stop him to do but he is not listing. he is doing my grandfather’s gvt. job.
    my questions are:
    1. will my uncel got share in this propaty as because he got his fathers gvt job.?
    2. what will be the division among my grandfathers spouses?
    3. though he is doing illigal construction is there any ligal way to stop him?
    please help ASP…..

  243. this is anirban from kolkata,right now we are living in my grandfather’s house but he already died over 10 years ago and also my grandmather aslo died before 5 years grandfathers has 3 sons and 2 daughters. 1 uncel was died before 5 years ago.
    right now my one of uncel doing illigal contruction in our present house,so we stop him to do but he is not listing. he is doing my grandfather’s gvt. job.
    my questions are:
    1. will my uncel got share in this propaty as because he got his fathers gvt job.?
    2. what will be the division among my grandfathers spouses?
    3. though he is doing illigal construction is there any ligal way to stop him?
    please help ASAP…..

  244. Hello I am from Bangalore. My grandmother died some 12 years ago and she has made no will… She has 6 sons and 1 daughter.. now how the property is to be shared among them? With everyone’s Consent property can be divided equally by all or it is to be decided through court….Wat is the procedure..

  245. Dear Sir,

    I am an unmarried lady staying with my Father and Brother in My Father-owned flat. It is a 1-BHK. My Father has retired and is always touring. For the last 15 years my Brother has been mentally harassing me like burning my bed, stealing my things, locking up household utensils, linen., daily use things like light bulbs, brooms, (all of these not bought by him) etc. Not allowing me to dry my clothes, not allowing me access to a room which he claims is his. In the past he has also hit me for using a utensil to cook for which I lodged a Police Complaint. He has kept aside broken utensils and torn Bedsheets for me says I should use those. He does not contribute towards any expenditure in the house. He has also harassed my by using the TV upto 2:30 am in the room where I sleep and using the lights in the house upto 4 am. When he is abroad, he says he does not stay here so he need not contribute, When he is here he says he’s not working so he cannot contribute. I do not keep good health so I am working part-time and taking care of my expenditure. He ran up a huge electricity bill for me which I was unable to pay. So the Electricity Board disconnected our Electric connection. I am staying without Power Since the 1st week of August.

    I approached an NGO, who directed me to a Lawyer.The Police too directed me to approach a Lawyer and serve him a harassment notice. But now he is staying in my Sister’s house since the time the Power was cut, and she says she will not accept any Lawyer notice. My Father too is staying in his native place and he refuses to sort this problem for me

    Under these circumstances what should I do Sir? Whom can I approach?

  246. Resp sir. my dada have five sons. my father elder brother hav e only on daughter. there second brother have no kids. there third brother have no kids. my father have six daughter and four sons. my father. younger brother have a there sons. my Dadaji have three dadaji second brother adopted my father. my father three no brother. have adopted my father. not official. the third no brother agriculture property is libel to get by my father sons and daughter and my father youner brother sons. but my father fifth no brother took all the property in there name without any concern at that my father was alive. there no supporting document for transfer of property. please give me the neat comment on these matter. my main point adopted can get his brother property share or not. and which type of action should be taken against my uncle sons.

  247. Hi All,
    I am about 40yrs old. I along with my wife and son was living with my father & mother since 15 years. Now I become separate due to some misunderstanding with my father. I am living with my family separately. Now my brother who was away from us has become near & dear to my father & my father is willing to write all his property to him. The property was generated when we were in joint. Can I do something. Please reply at the earliest. It will be helpful to me.

  248. my father who was a service man in wbsedcl as a permanent staff. he was dead in 28/03/2013,when he was a retired person. but his all the financial assets was his wife nominee. at the mean time as his wife was nominee she has got all the money’s frome lic , bajaj allianz , bank , gratuity, p.f etc without any inform to his legal heries son. then what can the son to do ? Pls give me answer.

  249. Dear Sir,

    My parents have selflessly taken care of my grandmother for almost 20 yrs till her death. My uncle inspite of staying in the same bldg has never shown any respect to my grandmother and never even asked if she needed any help.
    Now since her death he has been claiming that he should be given half of her possessions including her flat.All her expenses including medical,Food, electricity, maintenance etc etc were borne by us.
    My question to Sir is
    Do we have a chance to put forward this expenses to my uncle who is claiming the 50% property and ask him to pay the 50% of the expense borne by us while taking care of our grandma all this year.
    Is there any law which states that the person who takes care of his parents stand a chance to have a higher share in the property.

    To be honest its not about the property but its for people to understand that you cant neglect your parents when they are alive and later come to claim the property when they are no more

  250. my brother-in-law works in indian army he cannot show love of his wife and also he cannot gave money she has one child he completed his marriage nearly 5 years before 5 year he cannot take care his wife and many people try to change his behave but he cannot now iam what can i do for this problem resolve where i file case give equality of his wife and child.

  251. Hello Sir,

    I am Nagamma, I have 2 sisters. Before my father married my Uncle prepared one document in that document he mentioned has 1. my father is taking 300 Rupess of his property share amount 2. my father doesn’t have any authority to whole undivided property and the same document is registered in Taluk revenue Sub registered office in 4th March 1940 my father is married after 1952 and we born after 1955
    Now shall we have rights to take my father property from my uncle

  252. Sir,

    We have executed our family partition of land on 1.12.2014 ( of our ex.mother property). Recently Govt. has raised the stamp duty and registration. we have spent a huge amount say rs.40,000/- or so for the registration, stamp duty and others. I have a querry. Govt. has re-introduced the enhanced charges to Rs.1000/- for family partition…. Will I eligible to get the re-fund of registration & stamp duty paid at Sub-registrar office ?

    a line in reply will be much appreciated.

  253. My unmarried brother I expired on 17th Oct14 without making a will I have 4 married sisters. How should we all go about claiming for his house and bank accounts.

    My father expired in 2012 without making nominee for the flat myself alongwith my family were staying with him. the original documents were with my brother and now as he is death they are with my sisters. After my death can my sisters create problem for my famil

  254. With due respect & humble submission, I have the honour to state that, I, Mrs. Swagata Das, W/o.- Sri Jyotirmoy Das, Retd. A.E.(Ex-Cadre) under Irrigation Deptt., Govt. of Assam, who Retd. from his service on 28/02/2007. But, it is unfortunate that till date he has not received any pension & other allowances from the Department.
    My husband has been worked under Irrigation Deptt., Govt. of Assam in different divisions like Guwahati Irrigation Division, Hailakandi Irrigation Division, Silchar Irrigation Division, N.C. Hills Division (Irrigation), Haflong and finally in Barak Valley Invst. Division (I), Badarpur throughout his service life as per instruction from Govt. level.
    My husband suffered from various old age diseases in July, 2004, while he was in service under N.C. Hills Division (Irrigation), Haflong and prayed for earn leave w.e.f. 21/07/2004 to 27/03/2005 on medical ground and accordingly this earn leave was granted by the Addl. Chief Engineer (Zone-VI), Irrignation, Haflong vide Govt. letter No. ACEI(Zone-VI) Esstt./4/Pt-VI/2011-12/8-A dt. 28/03/2012. In the meantime, my husband was promoted as A.E. (Ex-Cadre) vide Govt. letter no. IGN(E) 218/94/Pt/213 dt. 04/02/2004 and released from the Autonomous Council, N.C. Hills, Haflong as per Govt. letter No. GA/TS/3-Irri/Pt-I/2004-05/83 dt. 22/03/2005 and released from N.C. Hills Division (Irrigation), Haflong vide Govt. letter no. EP/370/98-99/2632-42 dt. 29/03/2005 and after 10 (ten) months he was transferred & posted in Barak Valley Invst. Division (I), Badarpur vide Govt. letter No. IGN(E) 69/2005/Pt/9-A dt. 27/01/2006 and finally taking over charge in Barak Valley Invst. Division (I), Badarpur on 03/02/2006. By this time, pay revision was made by the Govt. of Assam but his pay fixation was not made from the office authority as A.E. (Ex-Cadre) and his salary, other allowances for February, 2004 to February, 2007 is yet to receive.
    After retirement from service my husband has become weaker & till he is a patient of “Cardiovascular disease” and for which a huge amount of money is required for his treatment. But, it is our ill-luck that as the pension & other allowances for his service has not been regularized from the concerned authority, it has become impossible me to maintain his treatment and the livelihood of family members including myself and my ailing husband.
    Therefore, I would request your honour kindly to do the needful suggestion so that my husband’s pending salary, pension & other allowances will be provide shortly and able to treat him properly. Your kind co-operation in this regard is highly prayed for.
    Thanking you.

  255. My four father (ancestral) property partition.
    My elder brother has all the ancestral property, he is not give my share of this property, so I give my first notice on that date 10-12-98 , and received replay of this notice on 30-12-98, and next notice is given on 31-05-99 by me.
    My lawyer suit a file in adj court on 15-9-2000 without court fess (indigent) , On 24-09-2003 court order me to pay a court fess with in one month and giving next hiring Date (23-10-2003).
    But in this period, I am not able to deposit court fess so that case is dismiss on 23-10-2003
    Now in this time what we do for this case, My son or me are eligible to appeal in the court for this ancestral property.

  256. my mothers father owned a property from his father. after his death a pertition deed was made in the name of my mothers other 4sisters and one brother , excluding my mother and her another sister. my mother was alive at that time. now my mother has died. how i will get the maternal aunt has no child and also his wife died , my maternal aunt also died. who will get the share, and also one of my mothers unmarried sister who also died, who will get the share.

  257. Hi sir,
    my age is 55 ,after my father death my grandmother has registered my ancestors property on my name 34 years ago ,at that time the property was on the name of my father.Now does my younger sisters have right to ask share in the property even after I have taken care of them from their childhood & did their marriages with my own money.

  258. sir my prents both has died their name have some property my brothers and sisters donot want to give me share of property sir i am muslim sunni sir adviee me where i will to take my share of property .sir how many court fee i can spend. thinks sir.

  259. we are three sisters my father was died before 10 years & my mother was died before 1& half father & uncle only two son in my uncle son & daughter are already married & settle down in they own life. our house IN PASHI VIHAR we are stay in around 25 years that’s my grandmother house but my uncle wants that house to be sold.we are not agree to sold the grandmother was very old & she will stay uncle house around 20 years.we all sister are helpless we are not sell the house in any condition. kindly help our rights what we are do to that THE HOUSE IS NOT SOLD ANY CIRCUMSTANCES TOMMOROW & AFTER OUR MARRIAGES WE ALL TAKE CARE OF OUR HOUSE

  260. as my uncle sold my grandfather’s land by taking acceptance of my father through power of attorney, then what can i do? or if i want to file a suit again such property after 2-3 years, can i do so at that time?

  261. sir
    my father has has written all lands to my brothers and nothing to me and i did not get any can i get the lands if my brothers are knowing to and it is bought ontheir name on top of my fathes company and i was not part of it

  262. Hi,
    I need mother passed away in june 2013 of father remarried in nov 14.
    There are some properties that were in their joint name and 2 homes that were bought with my mothers inheritance from my maternal grandmother.
    A month after my mothers demise my father made me sign a document written in marathi saying its a poa for one aprricular house in uttarakhand as id otherwise have ro make repetitive trips for the married .at the time i was grieving and didnt really pay attention or ask any awkward questions
    I see my fathers changed behaviour towards me now that he has a second family and inview of all d incidents of the last 1.5 yr since my mothers demise i want to cut all ties with my father.
    My question is what rights do i have over the properties bought with my mothers inheritance and what legal claims do i have to the properties acquired in the course of my parents marriage.
    Im an only daughter with no siblings.
    Please help and advise as to how i can go about asking for my rights in a peaceful manner.
    Thank u

  263. I would like to get some advice.
    My parents both died this year in a span if 7 months. Leaving behind three daughters. Two of us are married (A) & (B) and the youngest (C).
    They have left a will which states that all tangible and intangible assets – property, jewellery-cash-saving accounts are to be equally divided between us 3 sisters.
    Now the youngest sister who is 23 and is doing her own business and earning a good income is demanding maintenance for all living expenses including tickets for domestic and international holidays.
    We were going to give her some money for her monthly allowance but now she’s expecting more. And now says it’s her legal rights that were have to pay until she gets married for everything from our parents assests. After that what is left will be divided between us three.
    I want to know can she claim this from us legally?

  264. I have a house in Noida. Naturally, electricity connection is in my name. If I now want to make my son pay the electricity bill online by my son, please let me know the implications of my this move immediately particularly in respect of ownership of the house.

  265. An Indian muslim died intestate leaving his widow, daughters & minor sons. He had some money in his bank accounts. Who is entitled to get what share and who is entitled to receive the minor’s share on their behalf.

  266. where do the person stand for the shop taken on rent by persons elder brother but now for years being used by his younger brother

  267. Dear Sir,

    I belong to hindu family , I have got married 4 year before and I have builed a house by my own money in cash & have no evidence , & also put the name of my mother in property documents…Now mother is denied to return back the property what should I do.

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