Property inherience by daughters
vwxyz@rediffmail.com
(Querist) 07 December 2012
This query is : Resolved
A house property was purchased by the sons and as a token of respect and affection, the house was registered in the name of the mother. Now the daughter claims a right in the house claiming it as a self acquired property of the mother. We can very well prove that the mother did not had any source of income and father also did not had any income during the period. There was also no ancestral property which could have been sold at that time for buying this house. What is the remedy available for us [ sons] to come out of this tangle. As all our earnings were invested in this house we do not have any savings left to us and we are broken, Kindly help suggesting legal procedure to come out of this tangle. Thanks and regards.
Harshada Shukl Kulkarni
(Expert) 07 December 2012
Dear Author,
Firstly, your facts are not complete as to which property / succession law will be applicable to you. However, in generality, if you can prove that the payment made for purchasing the said property is from sons own account and not a single penny has been paid by your mother, then you can ask your mother to transfer all her rights, title and interests in respect of the said House to sons names by transfer deed / gift. Also if society is formed then in the nomination in favour of sons can be made
vwxyz@rediffmail.com
(Querist) 07 December 2012
Dear sir, Thanks for your immediate reply. It is about a house [Flat] at Chennai purchased and registered some 10 years ago, in the name of mother with the hard earnings of the two sons living as a joint family. The married sister [married 40 years ago]. Our mother recently died due to heart attack and our sister has sent a feeler about her right in the house property. If you need any further information, i can give. I want a legal procedure to come out of this tangle successfully. please help.Thanks & regards.
ajay sethi
(Expert) 07 December 2012
if flay was standing in name of mother and she died withou leaving a will on her death the sons and daughter have equal share in said property .
Raj Kumar Makkad
(Expert) 07 December 2012
You have no other remedy but to persuade your sisters out of love and affection to relinquish their equal right in the house property which you have mentioned as the daughters have also equal share in that house even though your mother has not invested even a single penny to purchase. who so ever is shown owner in the title deed, is its exclusive owner for all purposes.
