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senthil (engineer)     05 October 2010

dauthers right on mothers property

Sir,

      Please advise me on the following

      My father has property  as flat in his name and as house in my mothers name and he has 2 sons (me and younger brother)and one daughter (my younger sister).   me and my sister are married.My brother is yet to marry.

    all five members are alive as on today( father ,mother ,me ,brother, sister)

   father has given 60% of share from flat in his name to his daughter(my sister) in the form settlement deed and it is registered .( and its present market value compared with toal market value including  flat and  is nearly 40%)

    my brother and me are only left with 30% share each on remaining property in the name of my father and mother.

    Now my sister is asking for the share (1/3)  from my mothers property telling that daughter has right in mothers property.

     But my father and mother refused tellling that they have already given one portion of flat and during marriage they also gifted ornaments.But she threaten legal action against them.

Now

1. Can she claim share in mothers property through court.

2. can the settlement deed be cancelled and total property divided equally between three of us.(note we are not caliming portion given to her as of now , i  want to know if she went  to court then the settlement deed in her favour can be cancelled.)

3. Can she again claim share in my fathers balance property if any will is not made .

Please enlighten me earlier to take defensive action.

 



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 October 2010

Your sister has no right to claim any share in the mother's property during the lifetime of your mother. As far as the 60% remaining share is concerned, your mother can execute a WILL in favour of you and your brother. 

Uma parameswaran (lawyer)     05 October 2010

If  the property is mother's self earned then mother can convey the property as per her wish. Otherwise legal heirs can claim after her death.

You could not cancell settlement deed.

If your father died intestate she can claim.

SUNDARESAN P (Secretary)     05 October 2010

As, fortunately your parents are alive,

(1) your father may make out a will for the portion of the flat which he has retained

(2) your mother may make out a will, as per her wish, for the house in her name

and let both wills be registered.  Children are unpredictable.  Wills can be revoked and remade during their lifetime.  So, will is registered will is the only best option.  Let them handle the process with the help of a lawyer.

senthil (engineer)     06 October 2010

Thnx for the reply  and can we cancel settlement deed through court of law.


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