Property registered from son to mother and is it possible to divide the portion again to daughters?
MOHANGBOX
(Querist) 22 December 2015
This query is : Resolved
I have one small doubt on property. My father’s self-earned property and he is passed away 5 years before. Thereafter four legal heirs for my father- myself, my mother and two married sisters. I have settled in terms of some amount to both sisters, property is registered with my name and entirely changed no portion left. Due to some situation this property is registered to my mother with legally in register office again. Now my question – 1) is this property divided into four portions with legally again when my mother alive, if yes, does not valid earlier signed same property document? 2) My two sisters can be claimed same property again at any point of time? 3) My mother has rights to give anyone of them before die without any issue 4) is it legally valid; she has to write to will with my name denied others knowledge? Please suggest me the above questions legally?
Kumar Doab
(Expert) 22 December 2015
What is your faith e.g. Hindu?
As per your post your father's property is self acquired and he died in year 2010.
At that time some family settlement was done. Was it registered?
As per settlement some amounts was paid to daughters! Was it narrated in family settlement?
How was property registered in the name of mother? Sale/transfer/release/gift deed etc?
If the property now in the hands of your mother has acquired the status of her self acquired/absolute property then:
--- she can give it to anyone in her life time (within or even outside the family) as it pleases to her, and no one including you or your sisters can have any forced share in it.
---If she dies without leaving a valid WILL then property shall devolve upon you and your sisters in equal share.
---She can leave a valid WILL in anyone's favor. It shall be appropriate to register the WILL.
What is the opinion of your own lawyer on your matter?
alexander
(Expert) 22 December 2015
Now that your mother holds clear Title to the said propeety she is the sole unrestricted owner of the property.She can dispose of the property in the manner she likes.
(a) she could Will it to anyone she likes ( Will should by way of abundant caution Registered)
(b)She can dispose this by way of Gift - Gift has to be Registered.
(c) She could go for r a Registered Family settlement of her property
Adv. Yogen Kakade
(Expert) 22 December 2015
Hi,
As you have settled the terms with your sisters and the property is in the name of your mother and you want to have the property to be transferred in your name, then your mother can execute a gift deed in your favor and attach the consent of your sisters at the time of execution of the deed.. provided your mother is ready to transfer the title under your name.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
Rajendra K Goyal
(Expert) 22 December 2015
If the property is in the name of your mother she may bequeath / gift / sell it to you.
Rajendra K Goyal
(Expert) 23 December 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Property-registered-from-son-to-mother-and-is-it-valid-portion-division-to-daughter-in-second-time--576216.asp#.VnopM_l97IU
alexander
(Expert) 23 December 2015
Mr MOHAN G BOX
I am sure if you had to pay to each expert for such advice, you wont play this School Boy Prank ever
Think over te futility of such un unthoughtful action
Kumar Doab
(Expert) 23 December 2015
Why to repeat?
What is the need?
K.S.Srinivas
(Expert) 26 December 2015
Yes it is repeated query.
T. Kalaiselvan, Advocate
(Expert) 31 December 2015
If it is a repeated query then no reply fro my side too, I think I too have given my opinion to this query in another thread where it was repeated, the author may visit that thread to know more answers.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
