All the property is in my mother's name can my father & brothers claim

573 votes

Your query can not be answered with the mentioned details....please tell me how she got the property and where your family is located?

Some part of India particularly South India...women control the family property and it gets transferred to women's name only.

Also please tell me the details of your family structure. How many brother and sisters you are ?

What is the family structure of your parents?

Whether the property is self acquired property of your mother or she has inherited it?

Please clear above queries and discuss in detail with me.

Regards
Atul Bansal

Advocate Atul Bansal LawRato

838 votes

If the property is her self acquired property purchased from her own funds, then yes, no other person has any rights over the said property. Further she can execute a will and give rights over the said property to the person she wants to.
But if the said property is an ancestral property or the same has been purchased from the funds of her husband or by proceeds of any ancestral property, then it that case, the children of the mother have every rights to claim over the same.

Advocate Siddhartha Jain LawRato

920 votes

is the property of your mother self acquired property or was it purchased by common huf fund or by your father.
your father and brother can claim their rights if its heriditary property otherwise not.. in self acquired property no right can be claimed as such.. if the person whose property is it he or she can make will or gift to whosoever he or she wants...

Advocate Ashutosh Dubey LawRato