Rights of a daughter over deceased mother's property
indira
(Querist) 20 April 2012
This query is : Resolved
A house was newly constructed and registered in the name of my mother and father. My mother deceased in 2010. Do i have the right to claim over the property. Can my father solely have the rights to sell or transfer the house. Iam the only child to my parents.
SAINATH DEVALLA
(Expert) 20 April 2012
Dear Indiraji,
Who has constructed the house?Was it constructed from self acquired income of your parents?Or was it constructed from the own sources of your father? Even as the only child you don't have the right to claim the property now.Why such a thought has entered your mind? If it is your father's self acquired he can do what he wants.
Deepak Nair
(Expert) 20 April 2012
I endorse the view of Mr.Sainath
Shonee Kapoor
(Expert) 20 April 2012
If the mother has died w/o a will, all heirs would have equal rights in the said property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 20 April 2012
answer queries raised by sainath
indira
(Querist) 20 April 2012
The house is constructed by my father which is self acquired. My father is very selfish person with bad habits and didn't take care of his family thoughout his life. My mother and i use to get maintenance through court. Later at the time of retirement our elders of both sides forced him to include my mother's name at the time of registration.
Now he wanted to marry again and thatswhy i wanted to know the rights so that he wouldn't cheat his daughter again and again.
SAINATH DEVALLA
(Expert) 20 April 2012
Dear Indiraji,
In your first posting itself you have not come out with the actual facts.If the property is your father's self acquired,no court can restrain him from acting on his own.If he is a human, as you are a motherless daughter it is his bonded duty to provide you with a share.
Another point you mentioned that you and your mother were getting maintenance through court.Were they seperated?
indira
(Querist) 21 April 2012
Yes, my mother and father got separated for 29 years. And we use to get maintenance through the court from my father. Later, at my age of 27, for the purpose of my marriage, elders compramised my parents to stay together. After my marriage, again my father started to show his original charecter and now had a plan to do second marriage after my mother passed away. This is the reason that i wanted to know my rights over my father's property.
Anirudh
(Expert) 21 April 2012
Dear Ms.Indira,
You say that the property has been registered in the name of your father and mother. PLEASE CONFIRM THIS. If that be so, then you are entitled to an equal share as a legal heir of your deceased mother. It is not clear whether you have any brother(s) or sister(s). If so, then the 50% of the property which stands in the name of your mother has to be divided between all of you i.e. you and your brother(s) and sister(s) and your father EQUALLY.
This is possible only if you are quite sure that the property is in the joint name of your mother and father.
If the property is in the joint name, then send a legal notice to your father asking for your share. In case he does not come forward and give your share, then you have to immediately move the court of law and seek injunction against your father restraining him from disposing of the property without giving your due share.
You have to act fast. If you don't act fast, then there is every possibility that your father may dispose of the property and then the problem will get complicated.
