Mother received a land as a gift can her brothers claim that land

860 votes

SIR,
in this query more details are required such as

1) Answer will change with respect to your religious status.
2) how your mother got the property and enjoyed the property.
3) who is in the possession of the property now.
4) any receipt of the payments to your siblings.
it is very difficult to register without any document. at-least don't loose your possession of the property.

Advocate Sree K Sivakumar LawRato

555 votes

Sir,
1. In the instance , in absence of Gift-deed/ purchase document / any legal document , since all the transactions were oral agreements only, it is difficult to prove ownership.
2. whereas if you possessed for about 12/30 years - your rights - adverse possession in favor of the persons in occupation will be point in your favor. Adverse Possession of other parties will effect rights .It is the question you required to validate possession of the land all these years

Advocate Krishna Murthy Pasupula LawRato

984 votes

Hi
A women's property is her absolute property more so when it is given as Pasupu Kumkuma(Given to the woman at the time of marriage).
More so that your mother has been in possession of the property (hopefully her name is figured in property tax/electricity bills/water bill/Patta/Adangal) etc, then the property is your mother's property in accordance to Section 14 of Hindu Succession act.

Section 14 of Hindu Succession act reads as follows:
14. Property of a female Hindu to be her absolute Property. -

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Explanation. -In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

With reference to you transferring your mother's property in to your name, Your mother can execute a registered Gift deed in your favour and in the said gift deed, your brothers and sisters can also sign the said deed as Witness and based on the gift deed you can become the owner of the said property.
Hope this helps.

Advocate Rajagopalan LawRato