Rights as a daughter

Your mother is absolute owner of questioned property .she can transfer it to anyone as per her wish .you have no right  to claim over the property. 

They can do anything with the property, it being their absolute and self acquired property - in their lifetime they can sell/gift or will it, only when they die intestate (i.e without a will and without having alienated in their lifetime) do you get a equal right as your brother. However if some part (howsoever less) of consideration used to purchase this house came from sale of ancestral property or assets, then this property also partakes that character, and you can seek to file a partition, and also a stay on thh sale of hte property, normally in such cases - parties are referred to mediation and a amicable settlement is reached. 

Bharat Chugh - Advocate Supreme Court of India

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Originally posted by : Advocate Bhartesh goyal
	Your mother is absolute owner of questioned property .she can transfer it to anyone as per her wish .you have no right  to claim over the property.

but if your mother gone without any will then you can claim right other wise as per will

there is no matter what property owned by your brother

but generally property given by mother will serve her at last point of life so india always son keeps serve to mother or father .

MY QUESTION IS HOW DID HIS MOTHER OR FATHER ACQUIRE THAT PROPERTY IN THOSE DAYS BECAUSE THE COST OF THAT PROPERTY NOW IS RUPEES THREE CRORES . IN SUCH A CASE THAT PROPERTY MUST HAVE COST ATLEAST ONE LAC RUPEES IN THOSE DAYS . IN THOSE DAYS ONE LAC IS A VERY BIG AMOUNT BECAUSE EVEN MY SALARY AS A CLERK IN 1979 IN A NATIONALIZED BANK AND THAT TOO IN MADRAS WAS ONLY RUPEES 560/- . THERE IS ONE CHANCE TO ACQUIRE SUCH A BIG PROPERTY IN THOSE DAYS IS THE GOVERNMENT WILL GIVE THE LAND FOR CULTIVATION IN ACRES TO THOSE WHO CULTIVATE THAT LAND FOR MANY YEARS AND THERBY THEY BECOME OWNERS OF THOSE LANDS . I HAVE FACED A PROBLEM TO GET THE PARENT DOCUMENTS FOR TEN ACRES OF LAND IN TAMIL NADU IN WHICH A LAY OUT WAS PUT UP IN 1985 FOR 100 PLOTS AND WE STILL HAVE THE ORIGINAL DOCUMENTS FOR TWO PLOTS IN THAT LAY OUT PURCHASED IN 1985 FROM TWO POWER OF ATTORNEY HOLDERS OF THOSE TEN ACRES .WE SEARCHED ONE REGISTRAR'S OFFICE TILL 1962 AND BEFORE THAT ANOTHER MAIN REGISTRAR'S OFFICE TILL 1950 . WE COULD NOT TRACE OUT ANY DETAILS OF THOSE PARENT DOCUMENTS OF THOSE PROPERTIES MEASURING TEN ACRES . WITHOUT THOSE PARENT DOCUMENTS NOBODY IN THAT AREA WAS ABLE TO SELL THEIR LAND . SO IT MUST BE A PATTA LAND GIVEN BY THE GOVERNMENT LONG BEFORE 1950. ALL THIS WAS DONE WITH THE HELP OF REVENUE OFFICIALS ONLY .- JOSEPH WILFRED - 10/02/2013 23.14 HRS.  

If the property stands in your mother's name, she can do what ever she likes.No body can have any rights in that because it is a seperate property of your mother.

I HAVE ALREADY MENTIONED IN THESE COLUMNS THAT IF HER SON CHALLENGES FOR HIS DAUGHTER'S SHARE IN THAT PROPERTY AND IF THAT PETITION IS ADMITTED THEN HIS MOTHER SHOULD SHOW PROOF OF HOW SHE GOT THAT PROPERTY IN HER NAME . IF HIS MOTHER SAYS THAT HER HUSBAND HAD BOUGHT THAT PROPERTY IN HER NAME , THEN HER HUSBAND'S INCOME MUST BE ENOUGH TO BUY THAT PROPERTY IN HIS WIFE'S NAME . IF HIS MOTHER IS NOT IN A POSITION TO SHOW THE COURT THAT HER HUSBAND'S INCOME IS NOT SUFFICIENT TO BUY THAT PROPERTY IN HIS WIFE'S NAME THEN THE COURT WILL ARRIVE AT A CONCLUSION THAT BOTH OF THEM HAD NO SUFFICIENT INCOME TO PURCHASE THAT PROPERTY AND IN THAT CASE HIS MOTHER WILL NOT HAVE ANY RIGHT TO GIVE THE ENTIRE PROPERTY TO HER SON WITHOUT GIVING ANYTHING TO HER FIRST SON'S DAUGHTER . IF THE FIRST SON'S PETITION IS DISSMED IN THE HIGH COURT, THEN HE CAN FILE A SPECIAL LEAVE PETITION IN THE SUPREME COURT .

                   A PROPERTY WORTH 2 CRORES NOW IN MADRAS WAS A GOVERNMENT LAND MORE THAN 60 YEARS BACK .MY FRIEND WHO IS 60 YEARS NOW WAS BORN THERE ONLY .BEFORE 1975 THE GOVERNMENT GAVE FREE PATTA IN HIS FATHER'S NAME AND MANY MORE WERE ALSO GIVEN PATTAS IN THEIR NAMES  IN THAT PLACE WHICH IS A POSH AREA NOW .HIS FATHER DIED IN 1985 AND THAT LAND WAS TRANSFERRED TO HIS MOTHER'S NAME . IN 2011 HIS MOTHER DIED AND BEFORE THAT THE PROPERTY WAS REGISTERED IN HIS NAME . NOW HE IS UNABLE TO SELL THAT PROPERTY BECAUSE THE BUYERS WANT THE SIGNATURES OF ALL THE 4 CHILDREN - 2 MEN AND 2 WOMEN . ALL ARE MARRIED AND SOME OF THEIR CHILDREN ARE MAJOR NOW .

                            ON THE BASIS OF YOUR CONCLUSION , CAN ANYBODY BRING A PURCHASER FOR THAT PROPERTY . THE PURCHASER WILL BE AT RISK . KINDLY GIVE ME A SOLUTION FOR THIS BECAUSE I KNOW ALL THE 4 CHILDREN FOR MORE THAN 30 YEARS . BUT I HAVE TOLD MY FRIEND AND HIS WIFE THAT YOU MUST GIVE ALL THE 4 CHILDREN EQUAL SHARE IN THE PROPERTY AND THEY MUST ALSO COME AND SIGN IN THE REGISTRAR'S OFFICE AND IN THAT CASE I WILL BRING A PURCHASER FOR THAT .THE TWO HAVE AGREED AND HAVE ASKED ME TO SPEAK TO  THE OTHER 3 CHILDREN .- JOSEPH WILFRED - 12/02/2013 AT 01.52 HRS.