Immovable property

T.R.Nagaraj (Querist) 27 May 2013 This query is : Resolved
Can one of the sons or daughters demand a share of an immovable property from their mother, who got the property by way of a will from her father? Does the mother not become an absolute owner and has the right to dispose off the property in whatever way she wants?

Kindly let me know if they can file a suit against the other sons and daughters who were not given any share. These sons and daughters have not taken care of her and have disowned her.

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Guest (Expert) 27 May 2013
First of all please clarify, who are "THEY" who want to file a suit, while you have made a mention of mother only, being the owner of the property.

It seems, you have mixed up two different issues in your query, e.g., (1) claim of share in property of mother, and (2) suit for claiming maintenance by mother (or parents) from sons and daughters.

So, please clarify the issues.

So far as property is concerned sons & daughters cannot claim. The mother can dispose off in whatever manner she decides during her life time.

T.R.Nagaraj (Querist) 27 May 2013
Thank you Mr. Dingra. I am sorry I did not clearly indicate my doubt. It is like this: The mother got a portion of a landed property by way of a will from her father. I understand she becomes the absolute owner and as you have indicated she can dispose off the property as she wants.
Now the mother has gifted the property to her eldest son and ignored her other 2 sons and 4 daughters. The last son and the other daughters are filing a suit demanding a share of the property. Can they legally claim a portion of the property?
I hope I have made my query clearer and request your advice.
Tks & Rgds.

Guest (Expert) 27 May 2013
Your assumption is correct. They cannot claim. Their suit is simply destined to meet with failure.

T.R.Nagaraj (Querist) 27 May 2013
Thank you so much.
Rgds

Raj Kumar Makkad (Expert) 27 May 2013
No more to add in the given replies.

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