Regarding right of daughter in mother's property
Chanda Kumari
(Querist) 07 May 2015
This query is : Resolved
Dear Madam/Sir,
I am Chanda Kumari got married in 2012. I and my younger sister living with mother. My mother is mentally sick and not able to any work normally. She have a 3 floors own building and land and building is registered in her name. We are one brothers and three sisters. My elder sister is living happy married life with her husband. In past we faced day to day problems with my brother and her wife. After that we took decision and we shifted with my mother and younger sister on 2nd floor and my brother with his wife is shifted to ground floor. My mother that time was not sick. Now she is sick and brother want to throw me and my sister with mom from my mother house. I want to know whether we are able to take equally right in mother property in case of her sickness or after her death. What is Hindu law saying in this case. Please suggest me. We are living a horror life with fy family due to my brother and his wife. My father also not supporting us and he is living in village where we have paternal property. Can we claim for paternal property. What to do and how to get justice in this case. Please suggest me in details and in step wise so that we can proceed legally. The mother's original home paper is with me and in safe condition.
SAINATH DEVALLA
(Expert) 08 May 2015
In case of Hindus the Hindu Succession Act,1956 provides equal share for the daughters as any sons in the property of their father or mother who die intestate i.e. without leaving any Will with regard to his self acquired property as well in the property of their mother a Hindu woman who die intestate i.e. without leaving any Will with regard to his self acquired property. Initially a married daughter prior to 1994,had no right or share in the intestate property. However now she shares equal share and right in the ancestral properties or intestate properties.But legally a daughter cannot initiate a partition suit against her siblings in the dwelling home.used for residence.but whenever it is to be partitioned her share will be severed.and given to her.
As far as the harassment by UR brother is concerned U can lodge a complaint regarding his behaviour.
What is the status of UR father, U said he is living in a village separately.Is he remarried and having children?If the ancestral property was not partitioned before 1994 or 2005 amendements of the Hindu Succession ACT, daughter has right in the ancestral property.
Rajendra K Goyal
(Expert) 08 May 2015
Property of mother would be inherited by all legal heirs equally if she expires intestate.
ajay sethi
(Expert) 08 May 2015
your brother has no right to evict you . make an application to court for being appointed as mother guardian
malipeddi jaggarao
(Expert) 08 May 2015
You brother cannot do anything legally. The said building property is in the name of your mother. If she is mentally capable (not suffering), she can deal with the property as she likes, that means she can register this property in the names of persons of her choice. Nobody can take objection. She can make a Will during her life mentioning the names and proportions as she wish. However, in case, if she dies without transferring the property, or without making a Will, all her children are entitled for property in equal proportion.
As regards paternal property, whether it is ancestral property or self-acquired property of your father is to be seen. If it is self-acquired property (including the property got by Will of his father), the above rule is applicable for this also. If it is ancestral property, even during the life time of your father, all his children have equal rights on the property and ask for partition if need be.
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
The property is on your mother's name hence your brother cannot ask you or your mom to vacate or can forcibly evict you people. If your mother is mentally ill, you may apply for guardianship under the provisions of Mental health act with a petition to appoint you as a guardian to your mother to take care of her and her properties. Consult a lawyer and proceed.
