share in fahter's house
venugopal
(Querist) 25 March 2010
This query is : Resolved
Sir,
My father has constructed a house from his income only. But, he registered it in my mother's name. I have a two sisters who are married and an elder mentally deficient brother. My father has not left any will. My mother is not accepting to write a will. I am married and have two daughters. How can i ensure my share in the house? Please advice.
thanking you
M.venugopal
A V Vishal
(Expert) 25 March 2010
There is no way to ensure your share in the property as it happens to be in your mother's name. She can execute a will the way she wants to distribute the property or in case of intestate death you will get 1/4th share in the property.
adv. rajeev ( rajoo )
(Expert) 25 March 2010
You don't have any share. If you filed a suit for partition you will have to take a contention that it is the property of your father purchased in the name of the mother. In the suit it is necessary to show that your mother had no independent income, the property is earned income earned by the deceased father.
If you filed the suit for partition your sisters and brother will get equal share along with you and your mother.
Property is in the name of your mother she can dispose it as per her will and wish.
B K Raghavendra Rao
(Expert) 25 March 2010
You will have no share as a matter of right during your mother's lifetime.
