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Laxmi (IT Engineer)     17 February 2014

Daughters right on mother's property

Hi

My mother has own house near chennai. This is the self-acquired property of my grandfather.  He died on 2000.  I have two brothers and two sisters. My two brothers claimed ownership of this property.They said since it is a grandfather’s self-earned property.  so they themselves only take ownership of this property. 

Please advice Women really wont have any eligibility to get the share from mother's property?



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     17 February 2014

If your grand father had died intestate, and your mother does not have any siblings, then it  becomes your mother property, she has all the right to settle in anyones name, your brothers cannot contest that right.

Adv Archana Deshmukh (Practicing Advocate)     17 February 2014

If it is you mother's father's property devolved upon your mother, the neither you nor your brothers can claim anything during the lifetime of your mother. However, after your mother all her heirs will be equally entitled to have a share in the property.

Dr J C Vashista (Advocate)     17 February 2014

The self-acquired property of grandfather (mother's father) shall devolve upon all his (Grandfather's) siblings equally, if he died intestate.

In this eventuality, the share of your mother (being her self-acquired property) shall be passed on to her  choice or equally amongst all of you (your borthers & sisters) if dies intestate otherwise, she may beaqueth to any or all of you.  .

T. Kalaiselvan, Advocate (Advocate)     17 February 2014

Point No.1, it is your grandfather's self acquired property, upon his demise, it devolved upon your mother.  Now this property becomes your mother's own and exclusive property upon which nobody has any right, interest or share in it. Now, it depends on your mother to divide and allot the share in the property among her own siblings/children, she can allot any share to anyone or may not allot any share to a particular child or daughters or to a son or even to any of her children and she may bequeath the entire property to any trust also, she cannot be questioned or forced to act as per somebody's desire with regard to the property.  Therefore neither you nor your brothers cannot as a right claim any share in the so called grandfather's property.  This is law.

adv. rajeev ( rajoo ) (practicing advocate)     17 February 2014

Your brothers are worng.  They are not only entittle to claim their right over the property.  Moreover right accures only after the death of mother but not during life time of mother.

Biswanath Roy (Advocate)     18 February 2014

I F YOUR MOTHER DIED INTESTATE IN THAT EVENT ALL  OF HER SONS AND DAUGHTERS ARE THE OWNERS JOINTLY WITH EQUAL SHARES.


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