Property registered from son to mother and is it valid portion division to daughter in second time
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 is this property divided into four portions with legally when my mother is in alive or my two sisters can be claimed same property again? Is there, my mother wishes to give anyone of them before die without any issue or is it valid legally when she has to write to will to any one of them?
Dr J C Vashista
(Expert) 22 December 2015
1. Did your father leave any WILL? If so, who is the beneficiary? Has it been probated? Was there any objection to probate? Where is the property located?
2. If no, was the family settlement registered? What was the document executed by your sisters to pass on their share to you?
3. What was the situation when the property was registered in favour of your mother? Is there any consideration or it was a Gift, what was the document executed to transfer the property in favour of your mother?
Incomplete information cannot lead to form proper opinion and advise,
Consult a local lawyer with all documents for analysis and guidance.
J K Agrawal
(Expert) 22 December 2015
When the property divided among heirs after death of father, the nature of property changed. It became absolute property in hand of each person. Now he is free to do what ever he like.
After that you like to transfer it to your mother. Well and ok. Now your mother is absolute owner of this property. It is just like her self acquired property. She can use it in life time as she like. after death if there is any will, the property will go as per will otherwise it will be divided into 3 parts that is you and your tow sisters.
MOHANGBOX
(Querist) 22 December 2015
Dr J C Vashista @ - 1) My father did not leave any WILL as of now. My property is located in Middle of Tamilnadu near in Trichy. 2) Property divided document has been Registered in Register office with some settlement amount mentioned in that for two sisters. 3) I have registered as Gift deed document to my mother.
Rajendra K Goyal
(Expert) 23 December 2015
It seems property is in the name of your mother, the property would be considered her self acquired property and she is free to sell it / gift it / bequeath it to any body.
However, show all documents to some local lawyer and discuss.
Rajendra K Goyal
(Expert) 23 December 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Property-registered-from-son-to-mother-and-is-it-possible-to-divide-the-portion-again-to-daughters--576221.asp#.VnopNvl97IU
Kumar Doab
(Expert) 23 December 2015
Repeated Query.
K.S.Srinivas
(Expert) 26 December 2015
Yes it is a repeated query.
T. Kalaiselvan, Advocate
(Expert) 31 December 2015
Your father's intestate property was agreed to be transferred on your name by your sisters and mother accordingly you hav settled some amount to your sisters, however you got the property registered on your mother's name and now you want to know whether your mother can sell or dispose or settle the property on her own to anyone or to you alone or to your sisters alone by depriving your privilege in the property.
Well, yes she can do so because the property is in her name.
If there is no registered release deed executed by your sisters so far, they can very well file a partition suit seeking their shares in the intestate properties stating that they never relinquished their rights in the property.
Over all you stand deprived of your rights in your property(share) by getting the property registered on your mother's name alone, however you may convince your mother and sisters to cooperate with you to get the properties transferred on your name as per provisions of law.
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
