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Indian Law/ancesteral property


QUESTION: respected sir,
       my mom's father expired & his ancesteral land property was inherated to my mon ,her brother & her sister[there was no clue of any will made by my grandfather] ,but my mom is unstable lady she is frequently under depression & under medical treatment,due to repeated pressure from her brother ,both sister's registered the property to their brother,4yrs back.He had promised to give her some amount of money,but now he refuses to give anything to she is upset and wants to file a case in the court.i was adult when the registration took place.we are from christian family. my moms sister is rich enough so it does not matter her.
1]was i also elegible for the share of my grandfathers ancesteral inderited property which was passed to my mom.;
2]can my mom take her share back which is given[registered] to her brother.
3]what can be done to getback my moms share back.
   please guide me,need your help.

ANSWER: The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will given to the deceasedís agnates or relatives through male lineage. If there are no agnates or relatives through the maleís lineage, then the property is given to the cognates, or any relative through the lineage of males or females.
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons, widows, mothers, sons of a pre-deceased son,, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceasedís property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased in the following order:
1.   Father
2.   Son's daughter's son
3.   Son's daughter's daughter
4.   Brother
5.   Sister
6.   Daughter's son's son
7.   Daughter's son's daughter
8.   Daughter's daughter's son
9.   Daughter's daughter's daughter
10.   Brother's son
11.   Sister's son
12.   Brother's daughter
In view of the above,in the instant case,after the death of your mom,s father,his wealth will pass on the above order,unless he had made a WILL and in the same order by the subsequent legal heirs.
Since the property was registered under coercion,it would not confer any ownership.Therfore, there is reasonable ground to challenge it.
If your mom's father expired prior to coming into effect of The Hindu Succession(Amendment)Act,2005then his daughters shall not be entitled to any share in his property.
Therefore, your Mom's share in ancestral property is linked with the above query.Further,only the true owner can transfer his interest in the property and nobody else.
However, you may consult a lawyer and follow his advice in the matter.

---------- FOLLOW-UP ----------

QUESTION: respectedsir,
         as we belong to a christian family is there some other law for christians like the hindu succession act.
         my mom's father had expired before 2005, after then; my mom,s name and her sibling names came on 7/12 ,but after registeration in 2009 the property 7/12 was transfered to her brother's name.

It will be governed by the provisions of The Indian Succesion Act, 1925. There is neither the concept of ancestral property nor the right of birth under the Indian Succession Act.All properties owned by an Indian Chrisitian can be distributed by him by executing a will.However, if the person dies without executing a will, the widow will get 1/3rd. and the balance will be distrbuted amongst his lineal descendants i.e.sons, sons' sons, daughters and duaghters' sons etc. in equal proportion and in the absence of the lineal descendants the widow will get 1/2 share and the remaining 1/2 to those who are relations to the deceased by blood ; but does not include mother-in-law or step mother or step father vide section 33 of the Act.
Please consult a lawyer for further details.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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