EQUAL SHARE OF MOTHER'S PROPERTY

Querist : Anonymous (Querist) 12 November 2010 This query is : Resolved
WE ARE 4 BROTHERS AND 6 SISTERS INCLUDING ME. I AM THE SECOND DAUGHTER OF MY PARENT AND WAS MARRIED IN 1990. MY MOTHER HAVE A PROPERTY. MY FATHER PURCHASE THIS PROPERTY IN MY MOTHER'S NAME AND ACCORDING TO THAT THE SALE DEED WAS MADE. NOW MY MOTHER AND MY FATHER ARE ALIVE AND THEY WANT TO DISTRIBUTE THE PROPERTY BETWEEN THE 3 SONS AND 4 SISTERS. THEY TOLD AT THE TIME OF OUR MARRIAGE WHAT EVER TO BE GIVEN TO YOU WE GIFT THAT. NOW YOU ARE NOT ENTITLED TO GET ANY PORTION OF PROPERTY WHICH IS NOW IN YOUR MOTHER'S NAME. CAN I CLAIM A PORTION ON THIS PROPERTY. PLEASE HELP ME.

Follow Query

Report Abuse

R.Ramachandran (Expert) 12 November 2010
Dear Anonymous,
Since it is the self-acquired property of your parents (now in your mother's name and she is the owner for all purposes - irrespective of the fact that the same was purchased out of your father's funds) your mother has every right to dispose of the property in whatever manner that she likes. If she wants to give the same only to your 3 brothers and 4 sisters (thereby excluding 1 brother and 2 sisters) she has every right to do so. NO ONE CAN QUESTION THAT.
But if she does not distribute it when she is alive, and if she does not leave any WILL, then after her death, the property will go to all the legal heirs (i.e. all the 4 sons and 6 daughters) in equal share.
(The above Legal position apart, after all it is your parents, try to persuade them if not equal share, at least some portion of it to you, your other sister and brother - why should they discriminate between their own children. You should gently plead with them - without quarrelling. Especially when you cannot do anything legally, if they decide otherwise.)