Mother property - eligible rights to all duaghters
Venkat
(Querist) 28 October 2011
This query is : Resolved
We are three sisters and there is no brothers. My mother having one building and cost of building it is around 20 lacs.
The issue which we are facing my mother was nominated that property rights to my elder sister son name (after her life time ending).
As per law how it will be divided that property and on mother properties all sisters will have equal rights or not?
In case if we go to court against this property can we get equal rights or not?
Kindly advice me ASAP.
Devajyoti Barman
(Expert) 28 October 2011
What do you mean by 'nominated'?
If your mother has gifted that property in his favour or executed a Will while in her proper sense making him the sole beneficiary then unfortunately you could do nothing.
R.Ramachandran
(Expert) 28 October 2011
Who is the owner of the building?
Currently, the building/docuemnts are in whose name?
If it is in your grandmother's name, please indicate whether she self-acquired it, or got the property from some other way (say from her husband / father etc.)
prabhakar singh
(Expert) 28 October 2011
Although facts stated by you are a bit confusing,yet i am trying to answer it as follows with "if"clauses:
1]if your mother is absolute owner of the building in question then she has all rights of transfer with out interference from any one and just in her life time she can sale it or gift it or lease and mortgage or exchange to/with any body of her choice.
2] she is also lawfully authorized to dispose it by testamentary disposition by leaving a WILL by selecting her heir of her choice.
3]In case she dies without disposing it in any of the way stated here in above ALL OF YOU SHALL INHERIT EQUALLY AND
SIMULTANEOUSLY.
Sankaranarayanan
(Expert) 28 October 2011
Where she mentioned your sister's son as nominee. is your mother was worked in any establishment or keep any deposit in any banking or private institution.
We need more details about your query.
Shailesh Kumar Shah
(Expert) 28 October 2011
All experts have well tried to answer your qurey inspite of lack of facts. Now its ur turn to come with relevant details.
Satya Mani Tiwari
(Expert) 29 October 2011
I will just make it more clear point wise.
1 If the said building has been purchased by your mother out of her self earned income/aquired through will then she can choose nominee of her own choice without question.
2. If the property is ancestoral,then all next of kins are eligible of equal rights.
I hope it answers your query.
