Property matter

Silvester (Querist) 16 March 2017 This query is : Resolved
Hi Experts

This question is on behalf of my dear friend:

Background:
His Mother-in-law is class 1 legal heir, who is staying in the house which is in her husbands name. There are 3 siblings 2 daughters and 1 son. Son has never taken care of any of the parent and is now staying separately. The daughters have always taken care of the parents once they started working (10 years back). After the fathers death (5 years back) the daughters have taken care of the mother's need household and medical and all other expenses till date. Son has never contributed to anything before and till date.

Question:
1. Son now wants his share in his Fathers property. Is this possible. How ?

2. Mother does not want to give anything to her son but wants to transfer the property in her daughters name. Is this possible. How?

If the mother makes a will in her daughters name only can this be challenged by the Son.

What is the best way to close this issue.

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krishna mohan (Expert) 17 March 2017
After the demise of father all legal heirs will have equal share including mother. To your specific question:
1. Son now wants his share in his Fathers property. Is this possible. How ?
Yes being one of the legal heir
2. Mother does not want to give anything to her son but wants to transfer the property in her daughters name. Is this possible. How?
Her share she can gift to daughter.

If the mother makes a will in her daughters name only can this be challenged by the Son.
Yes..

Silvester (Querist) 17 March 2017
Additional Question: Son has never taken care of any of the parent and is now staying separately. The daughters have always taken care of the parents once they started working (10 years back). After the fathers death (5 years back) the daughters have taken care of the mother's need household and medical and all other expenses till date. Son has never contributed to anything before and till date.

Question: Can daughters claim all their expenses they have incurred for their parents from the son or his share and give him only the balance amount.

Guest (Expert) 17 March 2017
Ask your dear friend to consult some local lawyer with full facts & figures, instead of making you a mediator to ask the experts on half baked information or to solve an academic question.

Rajendra K Goyal (Expert) 17 March 2017
You asked:
1. Son now wants his share in his Fathers property. Is this possible. How ?

reply:

If father expired intestate, son has share in the property.

Rajendra K Goyal (Expert) 17 March 2017
You asked:

2. Mother does not want to give anything to her son but wants to transfer the property in her daughters name. Is this possible. How?

reply:

Mother can sell / gift / mortgage / bequeath a will for her undivided share in the property

Adv. Yogen Kakade (Expert) 18 March 2017
I agree with the experts.

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