LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jd (sales exe)     11 May 2012

Inheritance of property owned by mother

Respected Lawyers,

I belong to hindu family. My parents had 3 children. 2 Sister (elder to me) and 1 son (myself)
 

My father bought a house on name of my mother.

Unfortunately my father died untimely leaving my mother in shock. I was already living separte in another city from my home due to my job.  My father left his earnings and wealth in my mothers hands. Upon death of my father my mother was emotionally broken and was finding sympathy from her brother and sister (my maternal uncle and aunt).  One of my elder sister was unmarried and she too died after few years of my fathers death. Another sister is living happily married life. (My uncle and aunt)They have already blown away whatever wealth my father left over.

Now the question arises of the immovable property, i.e. house registered on my mothers name.

Do I have any legal rights over the house ?

Whether my mother can distribute the house to her brother/sister via will ?

Can we(me and my sister) challange that will for our rights/share ?

Who are the legal claimants of the immovable property registered on my mothers name ?

Expecting your advise

Thanking you

 

 

 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 May 2012

 

Dear Mr.JD, 

 

Havng read the facts I opine :-

 

1. That the property was purchased benami in your mother's name though the funds were arranged by your father - hence it does not become absolute property of your mother - but still is property she holds in fiduciary capacity for benefit of all of you and cannot dispose it off by will or gift as per her whims and fancies. 

 

2. If any will or gift is made the same can be challenged and partition sought. 

 

Feel free to talk !

jd (sales exe)     12 May 2012

Thank you sir, for your valuable inputs.

Just have a small query

1. Do I have legal rights on that property ? (the house which is registered on my mothers name, purchased by my father )

2. My mother is staying away with her sister/brother, but I have possesion of the house. Can she (or her sisters/brothers) take away possession from me legally (kick me out of house) ?

3. I want to have my mother stay with me, but her brothers/sisters(my uncle/aunt) are not allowing her to come to me. Is there anyway I can get legal help to recall her to stay with me.

Thanks in advance for your kind advises.

 

bharatha (STUDENT)     18 May 2012

 

hai

my mothers mother has her mothers property sold recently.She has 4children 2 among them are girls. can my mother one of 2 girls claim any value as per law

advice me pls

 

Ajay (XYZ)     31 July 2013

Hi,

My mother has puchased the land in 1987 and got in accident death in 2004. My father got in second merriage in 2007. My father has given in written letter to Register to remove his name from my mother's heir and make me & my brother as a owner of the land.As per gove record me & my brother is owning the land.

Now my second mother is claiming her part in the land...Can you please confirm as per law is there any possibility to get the share to  second wife if property was owned by first wife.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register