Property share in fathers property
Sadasivuni Srinivas Rao
(Querist) 17 March 2014
This query is : Resolved
Dear Experts,
I lost my father 40 years back. I have my mother and a brother. I am aged 50 years, y brother 40years and mother 74 years.After my father demise the house alloted to my father at the time of he is alive has been registered in my mother name as a nominee. I was just 11 years old. I could not go for higher studies for the finance reasons.My mother used to get her family pension and rental income together Rs.550-00.I started working in a factory and out of earnings I used to pay Rs.1000-00 every month towards my contribution.I got married in 1985 ( arranged by my elders), when my wife went for first delivery in 1986, I am forced to separate from my family.She loves my brother more.She used to give him daily Rs.10/- for his expenses when he was 11 years old which effected his studies,After my separation from the family they have no control over the expenses they were at their liberty. I blessed with two female babies and with hard earned money they have grown up and completed their studies and got married recently.When i was with my mother we sold a property for Rs.10 lacks, and I was due for Rs. 2.80 lacks to bank on the property which is cleared and sold.With the balance available the mother and son has deposited in the banks.After my brother marriage, his wife was employee and she also separated from the house with in the jurisdiction.I never paid any thing to my mother and never took any amount from her, but my brothers pretends more love and affection on my mother, she is giving amounts for his needs stating that he is only son to her. Now the available house which is registered in her name,she want to give it to my mother. Without my knowledge he enjoyed a lot from the combined property.
Now my query is do I have any right on the property.Can I ask accounts of the rental property. After her death I assume that my brother shows a liability on the house property, that was their planning.Please advice me do I have rights.
Sreenivas
Anirudh
(Expert) 17 March 2014
You have to first indicate as to how your father obtained the property. Whether it was his self-acquired (self-earned) property, or he got it from his father/grand father etc.
If it was not his self-acquired (self-earned) property, then you have to indicate as to in which year he got the property from his elders i.e. father/grandfather.
Sadasivuni Srinivas Rao
(Querist) 17 March 2014
Dear Sir,
I express my thanks for your response. It was self earned property.If I cannot claim my share, can my married daughters (2) claim for their rights. First I want to protect the property otherwise my mother will give every thing to her second son. Already she gave lot of amount. I have performed my daughters marriages with my own cost. She gave only Rs.1.00 Lac each for marriage.
After marriage of my brother in the year 2006 we all family members made declaration of assets (Combined), which should be shared equally after my mother death, but she violated the point in the declaration of assets and she gave fixed deposits of Rs.5.00 Lacks to my brother without my knowledge.She is always favor of my brother.
Sreenivas
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Anirudh
(Expert) 17 March 2014
If it was a self acquired property of your father, and if the same had already been transferred in the name of your mother, then your mother is the absolute legal owner of the same and she can do whatever that she may like to do with it. LEGALLY NOBODY CAN HAVE ANY OBJECTION TO IT.
Whatever that you are telling that she originally planned to give it equally to every one, she gave only Rs. 1 lakhs in the marriage of each of your daughters, that she is favourable to your younger brother etc., etc., are emotional things. That has no place in the legal affairs.
You will not be able to legally stop her from doing what she wants to do.
Rajendra K Goyal
(Expert) 17 March 2014
The property was self acquired by your father and after him transferred in the name of your mother. She is owner of it and can dispose it off as per her wish and legally you can not stop her.
Any money given by her to younger brother is also her property, you can not stop her legally.
Only mutual consent, taking your mother in your confidence can inspire her to give you your share.
Legally you are on weak ground.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
I agree with the opinions of the experts above that the transfer made by your father in your mother is valid in law and legally it is your mother who is the absolute owner and the property since under the possession and enjoyment of your mother can be disposed by her in any manner she desires for which legally nobody of you brothers can object neither your children can stake any claim in the said property. Atleast now you reconcile the differences in your family and seek for a share for the benefits of your children.
