Poushali Chhawchharia
Asked September 26, 2016

How to claim right over mother's property

  • 1 Answer
  • 334 Views

Sir...I am a 28 years old married lady... currently reside at Jamshedpur after marriage...originally from Kolkata...My mother passed away on April, 2015..My mom always stayed with me separately from my father after few years of my birth..My mom and two of my maternal uncle built a house where I stayed and spend my life till my marriage...Now the problem is my mom did not make any will for her parts of the property before her demise...Moreover there is not any specific mention in the papers of the property that who has how much parts of the property..And my mom did not change her surname after marriage but I carried the surname of my father...Now the question is can I claim the parts of the property of my mother? if yes...please mention the procedure..(the property is a 3bhk flat with a bathroom and a balcony on 3 and half katha land)

Answer 1

Ma’am,

It does not matter whether you have changed your surname or not and whether you live with your mother or for that matter whether your parents lived separately. The property in question is owned by three people - your mother and two of your maternal uncles. Therefore, it does not matter whether there is a Will or not. You will inherit the property by virtue of intestate succession. Such successions are clearly laid down in the Hindu Succession Act, 1956. Therefore, there is no doubt as to you inheriting your mother’s property despite there being an absence of will.

However, as can be deduced from your facts, the property is divided or demarcated or partitioned. As per the rule, if the property is not partitioned, you cannot claim your share of the property. But, this does not take away your right of share in the property. You have a share in the property, but it’s just that you cannot claim it now. Before you can claim your share, the property needs to be partitioned (Transfer of Property Act, 1882). Once the property is partitioned and the partitions are registered, you can claim your share in the property.

Hope this helps!

Agree Comment 0 Agrees almost 4 years ago

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