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Can my father transfer my mother property in his name without consent


10-Jun-2023 (In Property Law)
My father and mother had bought a house in Mumbai in 1983 which is a co operative housing society and both are equal 50:50 owners in this property. We are 2 brothers and 2 sisters in the family. My mother died in 2011 and my father is still alive. Shockingly I came to know that recently my father has transferred the 50% share of my decease mother in his own name and then my father transferred 100% ownership of this property to my younger brother without taking any consent of the elder son and two daughters. I tried to explain the society that it is not appropriate that you transferred 50% share of my decease mother in my father's name and then transferring 100% ownership to my younger brother without offspring consent but they say that wife's property automatically gets transferred to husband and it is not necessary to take consent of the offsprings. Following are my queries : 1) If my mother has made no will then this act is right or wrong? 2) If my mother has made will in favor of
Answers (1)

Answer #1
768 votes
If your mother has made no will for her 50% share in property than , property will be treated as separate property of your mother and it will devolve as per the rules of hindu succession act after her death. Thus, property shall be equally divided between her husband and her sons and daughter. (i.e your father and 2 brothers and 2 sisters). Rest 50% share belongs to father and its his free wish to do whatever he wants to do with that 50% of share . Had your mother died after making will than property would have devolved as per will.

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