anika rai
Asked September 05, 2016

How to get my rightful share of the property

  • 1 Answer
  • 206 Views

Sir, I am two sister and my father in govt. Job and purchase two land in > 1992 and 2000 and constructed a house in one piece of land then after that my elder sister got married and her husband live with us after one year my father > died without any will in dec 2007 so I wrote in a page to makewarris to > my mother in place of father and sign as a naib tehsildaar said to me in 2009 but in 2013 my sister husband transferred > all movable and immovable property in his name from my mother as registered > vashiyatnama in my own house when I am outside for job through two witnessed who are > friends and non local of him ,at that time I am unmarried .so what will I do to claim on my deceased father property as alegal heirs.

Answer 1

According to S. 8 of Hindu Succession Act, 1956[1] (referred to as The Act herein), the property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class I of the Schedule. Class I of the Schedule includes daughter (irrespective of marital status) and the widow of the husband. S. 9 of The Act [2]provides that among the heirs specified in the Schedule, those in class I shall take simultaneously. This implies that you, your sister and your mother have equal share over the property of your deceased father and hence, your sister’s husband cannot legally transfer the said property entirely in his name. Your mother cannot register the entire property for transfer to your brother-in-law as you have an equal share over the property and you are the sole owner of that share of the property.

You can take two steps to protect your share of the property:

1. You can challenge the registration deed made by your brother-in-law by filing a civil suit under S. 31 of the Special Relief Act, 1963[3]. As per this provision, you have the right to        sue for cancellation of the contract, as you’ll be caused economic damage or injury if the transfer contract is executed. 

2. Also, you can approach the Collector or any gazetted subordinate of the Collector for a partition suit under S. 54 of Civil Procedure Code, 1908[4], which provides for separation       of the share of an undivided estate. This way you can secure your share of the property from any such interference by your family members or any third party for the matter.

 

 

 

[1] Available at: https://indiankanoon.org/doc/1968317/

[2] Available at https://indiankanoon.org/doc/854241/

[3] Available at: https://indiankanoon.org/doc/1279464/

[4] Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/54.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Partition%20of%20estate%20or%20separation%20of%20share

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