Can mother become the owner of property jointly bought in her name?


We are 4 brothers & 1 sister, all married and are living jointly in our parental house which our father made in the name of our mother. We even got all our properties that we bought jointly registered in our mothers name. But from some time now she has started abusing all of us, our wives and now our children also. She scolds us and threatens to throw us out of house and business.

 

Despite many family disputes we all brothers with our families stayed intact, but today was the worst when she took the keys of the shop and forced to shut down the business. She has only 1 saying that I am the owner and can do whatever she wants.

 

Please advise.

 

Answer

 

With respect to the parental house and other properties which you have jointly purchased in the name of your mother, you need to prove that the said properties are joint hindu family property and then you can claim your share in the same.

 

There is no presumption of a joint Hindu family but on the evidence if it is established that the property was joint Hindu family and the other properties were acquired out of that nucleus, if the initial burden is discharged by the person who claims joint Hindu family, then the burden shifts to the party alleging self-acquisition (in this case your mother) to establish affirmatively that property was acquired without the aid of the joint family property by cogent and necessary evidence.

 

Section 14 of the Hindu Succession Act, 1956 clearly mandates that any property of a female Hindu is her absolute property and she, therefore, has full ownership. The Explanation to sub-section (1) further clarifies that a Hindu woman has full ownership over any property that she has acquired on her own or as stridhana. As a consequence, she may dispose of the same as per her wish, and that the same shall not be treated as a part of the joint Hindu family property.

 

In any event, whenever a mother is there and the properties are purchased in the name of the mother, the presumption is that it is for the benefit of the family. It is nobody's case that the properties purchased is for the intention and for the benefit of the mother alone and she also did not differentiate between her sons and daughters. 

 

Therefore, the purchase made by the mother would only come from and out of the income from the family and it will be incumbent upon the mother to adduce evidence to show that she had any independent or individual income from the gifted property to purchase these properties.

 

You file a Suit for partition and permanent injunction against your mother and prove that the said properties are purchased out of Joint Hindu Family funds of through your personal funds.

 


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