180+ Lawyers are online 
Do I have rights in my dad's self earned property
01-Jul-2023 (In Property Law)
Dear Sir, My dear dad was passed away. He has earned a property by his hard working and given the rights to my sweet mom. We are three children. 1. My elder sister(married), 2. My elder brother(absconded), 3. Myself. Now, do i've the right in this property? If not, what about my son? my sister and my brother can take whatever they want. But i want to live in that house till my life-end with my family(me, wife and my lovely kid). Is that possible? My mom is saying (conflict between my mom and wife)only she has the rights in this house as it's in her name. I don't know what to do. Pls. advise.
Hi,
Give me the dates and events such as your religion, type of properties held by your father, the year of your father's demise, when your brother went out of your family and became untraceable, have you raised any complaint in this regard?.
All these are key to answer your query with the exact ratio of your right over the property.
As the ratio differ for Hindus, Islam and others.
in case of an hindu with such a family structure and situation, you share as a equal right owner with 1/4th share if your father estate. in the event your father died with out a will.
And the ratio decreases to 1/3 and your share will get increased if your brother was not traceable for a period more than 7 years.
You may always enjoy rightfully in your house until any of the other three member claim for a partition.
Give me the dates and events such as your religion, type of properties held by your father, the year of your father's demise, when your brother went out of your family and became untraceable, have you raised any complaint in this regard?.
All these are key to answer your query with the exact ratio of your right over the property.
As the ratio differ for Hindus, Islam and others.
in case of an hindu with such a family structure and situation, you share as a equal right owner with 1/4th share if your father estate. in the event your father died with out a will.
And the ratio decreases to 1/3 and your share will get increased if your brother was not traceable for a period more than 7 years.
You may always enjoy rightfully in your house until any of the other three member claim for a partition.
Helpful?
42+
42+
Adv. GP Vijay
Chennai | 200+ Answers
CONTACT NOW
given the rights to my sweet mom - What does this means?
Did your father transfer his property in the name of your mother before his death by a registered gift deed or by a Will, please confirm.
If this self acquired property of your father was legally transferred to your mother's name by executing a registered gift deed or by testamentary disposition by bequeathing the same by a will, then, none of you children of your father have any rights or are entitled to any share in the property. This then becomes your mother's own and absolute property.
However if this transfer was not by a registered deed then you along with your brother and sister and your mother are entitled to an equal share in the property and your entitlement shall be 1/4th share in it.
In any case your next generation people shall not be entitled to any share during your lifetime.
If you want to live in the same house then you may have to adjust and live with your mother by avoiding conflicts between your mother and your wife.
If the property is in your mother's name then you cannot legally claim any rights in it and if your mother orders you to vacate you do not have any option than to leave the house without making any grumble.
Did your father transfer his property in the name of your mother before his death by a registered gift deed or by a Will, please confirm.
If this self acquired property of your father was legally transferred to your mother's name by executing a registered gift deed or by testamentary disposition by bequeathing the same by a will, then, none of you children of your father have any rights or are entitled to any share in the property. This then becomes your mother's own and absolute property.
However if this transfer was not by a registered deed then you along with your brother and sister and your mother are entitled to an equal share in the property and your entitlement shall be 1/4th share in it.
In any case your next generation people shall not be entitled to any share during your lifetime.
If you want to live in the same house then you may have to adjust and live with your mother by avoiding conflicts between your mother and your wife.
If the property is in your mother's name then you cannot legally claim any rights in it and if your mother orders you to vacate you do not have any option than to leave the house without making any grumble.
Helpful?
49+
49+
Adv. T Kalaiselvan
Vellore | 400+ Answers
Chat
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
