quesRight of mother and children in father's property

1.is both son's and daughters has equal right on share . 2.father is no more only my mother is there is she decides to gv only to daughter is that is aceeptable. The propert is earned father only it is not ancestral property .

  • ansDear Sir/Madam, yes, sons and daughters have equal share. After the death of their father, the rights will be transferred for their name along with her mother's name equally, it is self acquired property, they have rights over the said property as class-1 legal heirs.

    Advocate Chandrashekhar Vithal Jadhav

      Kamakshipalya, Bangalore

  • ansDear friend,
    Yes if property is of father then mother can decide to whom to give as she is only real beholder now ,yes if you contest and have no sufficient means than you can claim portion in that .it all depend on individual case .better consult any good lawyer or can meet our office at OFC : Adv pankaj Kumar ..

    Advocate Pankaj Kumar

      kaggadasapura, Bangalore

  • anscase : property purchased by father i.e self acquired. family size father, mother , brother & sister. father no more.
    Q. What is legal position about right of sibling & widow?
    Answer: 1.per case this is Hindu family governed by Hindu Law. 2. Property self acquired by father & left no WILL.
    So all three successors get equal share in all assets after clearing liabilities, if any left by father. for ancestral property we need to see in which year father died i.e before 2005 or after.
    It is up to each individual to wave his/her share in favour of other member by executing Release Deed or Gift Deed.
    In this case Son's right can't get diluted or waved without proper consent or documentation in immovable property, both under Stamp act & Hindu Succession Act. For more & further information party may contact a Lawyer with all Papers & more information.

    Advocate Shilpa Sharad

      RMV Extension, Bangalore

  • anssir when father has earned the property and if he expires without making any will then in that circumstances the property has to be divided equally between the wife, sons and daughters, in your case as there is no will hence the mother cannot decide and it and the property has to be divided equally between you three , wife, son and daughter, hence each will get equal share that is 1/3 share in your case, and if they do not agree you can file a case for partition and separate possession of the said properties in court and get your legally entitled share.

    Advocate Bharat Narasgouda

      Shivaji Road, Belgaum

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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