Can mother transfer a property only to sons leaving daughter

Regarding the house,

it is her property. She has all the right to do anything. She can transfer to any body, to sons, or to daughters or to anybody.

After her lifetime, it shall devolve on all four heirs (Two daughters and two sons)

 

Regarding plot.

It is the property of her sons.

She can do nothing on the plot.

 

Thank you

A.Sri Vijayan

It is believed that you are Hindu.

 

Sons/Daughters/ have no forced share in self acquired property of father/mother.

Son in law have no direct share in self acquired property of father in law /mother in law.

The owner of the self acquired property (male/Female) in one's  life time can give the property by his/her sweet will to anyone by WILL/GIFT/Sale/settlement or even mortgage it……………………..and  does not require anyone consent for it. If the owner dies without leaving a valid WILL then property shall devolve upon ClassI legal heirs...........................e.g. spouse/sons/daughters.

 

 

Hindu Succession (amendment) 2005 awards equal rights to married daughters, in un-partitioned properties.

 

Anyone can gift property to anyone thru a valid and registered gift deed.

 

You can give your property to anyone in your life time.

 

Insert proper nomination and get the nomination entered and mentioned in all of your Bank/PO etc accounts, mutual funds,equity shares, life insurance,health insurance,locker etc.

Draft your WILL and register it.

 

 

Thank you srinivasan . Is there any chance for her son in laws to go legally for the plot.

Such query is also discussed at:

 

https://www.lawyersclubindia.com/forum/Is-there-any-law-is-there-the-mothers-property-for-son-only-127394.asp#.VgO_JH1-jMo

Ok kumar..but what about the plot of land..it was bought by her from her brother and he gave it to her sons as a gift deed. Daughters were saying since it was not self acquired by the sons and got gift from uncle with consideration .they are asking for share in plot of land too. Is it correct

To UR initial query ably assisted by the above legal experts,nothing more to add.

Regarding UR latest addition,when the mother has bought the plot from her brother it is her self acquired property and nobody has a direct right over it as long as she lives.How can it be a gift from the uncle,absurd claim.

@ sainath You understood in a wrong way. Though she bought the plot from her brother with proper consideration ..she did not make the registration on her name. She insisted her brother to transfer the plot to her two sons as gift deed. The money she gave donot come into the picture here. My query is whether the daughters can claim the share in the plot of land too??

The daughters/sons in law  of the lady have no forced claim on estate/monies/property of the lady as well as brother of the lady.

It has already been explained.

 

It is a strange way of making a Gift................................Probably aimed to save some amounts from stamp duty..............................................Or to make an attempt to conceal the payment from daughters/sons in law . 

 

Advise your client to always make proper  record of full compensation paid so that in case of any litigation/charge/claim the interest can be properly defended.

 

 

 

 

 

i asked her regarding this clearly..she said her brother was indebted to her ..she gave him some money during his bad days and collected in intervals.her brother proposed her to give extra money and take the land.i will gift the same to my nephews. Yes you are correct kumar.they made this to save stamp duty. The consideration given has no proper records since she gave money to her own brother during his bad times. Now what will be the solution

@kumar ,sainath,sri vijay I still did not get clarity how to deal with plot of land.i m clear with house. Kindly give a detailed scenarios about plot of land.so that i can suggest my client today. Thanks in advance

The plot is also your client's self acquired property. She can give it to her sons, to the exclusions of her daughters and sons-in-law.  No one can force her to give it to her daughters.  But she dies, without a Will, than it will,divided between sons and daughters 

It has already been posted that the sisters/sons in law have no forced share in self acquired/exclusively owned property of Brother of the lady. The question arises has there been any marketable interest of sisters/sons in law in the said plot of brother of the lady? If NO; then what is the query?

 

If the brother is exclusive owner/has marketable title of the plot……………………………..then only he can gift.

You may show the Gift deed, ownership record of the plot to an able lawyer specializing in family/property/revenue/civil matters and check if there is anything due to which gift can be challenged/contested……………………….

 

The problem with U people is ,U don't post the entire problem in detail initially,U keep on adding new material according to the questions,which could be a handicapp for U only.

Thank you kumar ji..with this i can conclude that residential property is self acquired by the lady..so she can transfer it to any one whoever she wants through a sale deed or gift deed or by any other way..but once after her death that propety must be distributed to both sons and daughters. Coming to plot...if the registration deed (gift deed) contains any consideration given to her brother..then though the plot was in the name of her sons..still it will be treated as her own self acuired property and the case should be dealt like house only. But..if the gift deed shows that her brother willingly gifted the plot to his nephews..then only her sons has sole rights on that plot and lady has no role to play .daughters also has no right in that plot. correct me if my understanding is wrong. Thanks in advance