Mothers property
Salma
(Querist) 24 September 2014
This query is : Resolved
Hi Team,
My father has served in government organization and passed away before 7 years from now.
My mother has received a lumsum amount as Insurance and other benefits.
She has invested all the money by purchasing immovable properties.
We are three( two daughters who are married and only 1 younger son who is unmarried).
My mother is alive and willing to give it to her only son.
Could you please help me to know if we, sisters can file a affidavit for the share in the properties, which is on her name now. Also, guide me the ratio if it can be shared among three children and a mother.
Raj Kumar Makkad
(Expert) 24 September 2014
The property is self acquired of your mother and she is free to transfer it to the person of her choice and legally you sisters have no claim in that property if your mother is desirous to transfer the same is favour of your sole brother.
Rajendra K Goyal
(Expert) 25 September 2014
Agree with the expert raj kumar makkad.
ajay sethi
(Expert) 25 September 2014
since mother is absolute owner of properties she can dispose it as she pleases
malipeddi jaggarao
(Expert) 25 September 2014
For more clarity, though the retirement benefits belong to your father, as your mother received these benefits, she becomes absolute owner and with that money she purchased the immovable properties for which she is absolute owner.
She can deal with the property in whatever way she wants, she can even give the property to an unrelated person ignoring all her children and you can not question such act.
You have to win her heart with real love and affection so that she may give some thing to you people also. As regards legal right, none of you have any right on her assets. Hope this is clear now. I only elaborated the view of the experts.
P. Venu
(Expert) 25 September 2014
Did the benefits benefits on behalf of the minor children as well? Were you and your sister minor and unmarried at that time?
Salma
(Querist) 25 September 2014
Hi All,
Thank you for guiding me on this request.
Could you please let me know if the same is applicable in the Muslim law also?
Please also guide me if mother writes a 'will' to her only son, is it still valid according to the muslim law?
Dr J C Vashista
(Expert) 26 September 2014
1. I fully agree with the experts advise, it is self-acquired property of your mother which she can dispose of as she desired.
2. Of course, the law has its applicability to all Indian citizen irrespective of faith/ religion.
T. Kalaiselvan, Advocate
(Expert) 01 October 2014
From your post it appears that your mother received Insurance and other benefits on the death of your father, which was invested into the immovable properties but were registered in her name. From this it can be inferred that the insurance amount devolved upon all the legal heirs of your father who died intestate, that way being a legal heir of your father you are eligible for a legitimate share in the property as per the proportion under Muslim Personal Law of inheritance. Thus in my opinion, if your mother denies you any share in the property, you may issue a notice for partition on the basis of above reasons and claim your share, failing which you may go for a partition suit.
