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Prabhu (manager)     25 December 2013

Daughters right on mothers property

I have two elder sisters and I am the only son to my parents. My father bought a property in my mother's name. My mother passed away in the year 2010. My 2nd sister got married in 1979 and 1st sister got married in 1982. My father sold his fathers property and gave the money to both my sisters and told them that this house will be given to me which is in my mothers name. Now that my mother is no more my sisters are asking for share of the property (present house in which i am residing with my father,my wife and children). Do my sister have any right to claim the property? 



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 9 Replies

adv.raghavan (Advocate,9444674980)     26 December 2013

yes they do have right to claim share in that property, If i am right your mother had died intestate.

Prabhu (manager)     26 December 2013

but my father is alive. can he take full right of the property and settle it as per his wish?

adv.raghavan (Advocate,9444674980)     26 December 2013

your fathers presence does not make any difference, the property is in the name of deceased mother, and she had died intestate, of which all the legal heirs are due for equal share.

Prabhu (manager)     26 December 2013

My sisters have given in writing that my parents have done every thing to them (marriage, given money by selling my grandfather's property which was given to my father) and are happy about what my parents have done to them. They both have signed and the witness was signed by my uncle(mother's brother) who also expired about 1year & 6months back.

adv.raghavan (Advocate,9444674980)     26 December 2013

if you are so sure about them (sisters) ask them to relinquish their rights over the property, by issuing registered relinquishment deed, it solves the matter. Unregistered document will have little value as far as these things are concerned.

Prabhu (manager)     26 December 2013

Thank you for your advice

T. Kalaiselvan, Advocate (Advocate)     26 December 2013

Advocate Raghavan has given correct and valuable advise on the subject.  As per section 15(1)(a) of HSA, 1956, The property of female Hindu dying intestate shall devolve firstly upon the sons, daughters and the husband; therefore the property whether purchased by your father on your mother's name or she purchased on her own, it is her own exclusive property and upon her intestate death, as her legal heir, your sisters are entitled to a right of share in the intestate properties.   The unregistered letter given by your sisters at one time will not hold legal validity despite being witnessed.  It is always better to obtain a fresh Release deed from all your sisters and your father, all of them relinquishing their rights and interests in the property in your favor and then register the same, subsequent to which you will become the title holder and an absolute owner of the properties.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     27 December 2013

DEAR MR. PRABHU

                                  WHAT YOU HAVE STATED THAT YOUR FATHER HAD SETTLED YOUR SISTERS SHARE BY SELLING YOUR GRANDFATHER'S PROPERTY MAY BE CORRECT . BUT WHY YOU DID NOT GET A SHARE IN THAT PROPERTY . YOU ARE ELIGIBLE TO GET A SHARE IN THAT PROPERTY . THE NEXT MATTER IS WHEN YOUR FATHER SETTLED YOUR SISTER'S SHARE WHY "NO DEED WAS EXECUTED ". THIS IS VERY COMMON NOW A DAYS IN MANY FAMILIES . IN SOME FAMILIES , BROTHERS SPEND MONEY FOR THEIR SISTERS MARRIAGE WITH THE HOPE THAT , THEY CAN GET THAT FROM THEIR PARENTS PROPERTY . FOR THIS ALSO , BROTHERS MUST GET A DEED REGISTERED INCORPORATING THAT THEY ARE SPENDING FOR THEIR SISTER'S MARRIAGE WITH THE CONDITION THAT THE PARENTS PROPERTY BELONGS TO THEM . ALL THIS MUST BE DONE BEFORE MARRIAGE . NOW EVEN IF YOUR FATHER PROVES THAT THE PROPERTY OF HIS WIFE WAS BOUGHT FROM HIS FUNDS , THEN ALSO THEY HAD THE LEGAL RIGHT TO GET A SHARE OF THE PROPERTY . NOW YOUR MOTHER'S PROPERTY IS TO BE SHARED AMONG FOUR PERSONS INCLUDING YOUR FATHER AND HE CAN WRITE A WILL THAT AFTER HIS DEMISE HIS SHARE SHOULD GO TO YOU . THERE IS NO OTHER OPTION IN THIS MATTER . TRY TO CONVINCE YOUR SISTERS THAT YOU WILL GIVE A CERTAIN AMOUNT OF MONEY AND FOR THAT YOU GET A DEED REGISTERED . THERE IS ONE MORE OPTION . WHAT IS YOUR FATHER'S AGE . NOW BANKS ARE GIVING " REVERSE MORTGAGE " LOANS AND THE TERM HAD BEEN EXTENDED TO 25 YEARS . 75% OF THE AMOUNT OF THE PROPERTY WILL BE YOUR FATHER'S LIMIT . THAT WILL NOT BE GIVEN IN ONE INSTALMENT BUT A PORTION OF THAT WILL BE GIVEN AS THE FIRST INSTALMENT . THEREAFTER EVERY MONTH YOUR FATHER WILL GET AN AMOUNT FOR 25 YEARS OR TILL HIS DEATH . AFTER HIS DEMISE , WHOEVER CLEARS THE LOAN AMOUNT WILL GET THAT HOUSE . YOU TRY TO GET A LEGAL OPINION THAT YOUR MOTHER'S PROPERTY WAS BOUGHT BY YOUR FATHER AND YOUR FATHER HAS TITLE OVER THAT PROPERTY TO MORTGAGE . THAT IS ENOUGH FOR THE BANK . YOU ARE FROM WHICH STATE . IF YOU ARE FROM TAMIL NADU , THEN I CAN HELP YOU OUT TO GET A LOAN FROM A NATIONALIZED BANK - JOSEPH WILFRED - 27/12/2013 AT 00.22 HRS.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     27 December 2013

DEAR MR. PRABHU

                                 YOU HAVE STATED THAT YOUR SISTERS HAVE GIVEN EVERYTHING IN WRITING . IS THAT IN STAMP PAPER AND IN WHOSE NAME . IN THAT CASE YOUR FATHER CAN REGISTER THAT DOCUMENT EVEN WITHOUT YOUR SISTERS AS IT WAS EXECUTED LONG BACK . BUT IN TAMIL NADU IT IS NOT POSSIBLE . - JOSEPH WILFRED -27/12/2013 AT 00.33 HRS. 


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