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Can daughters claim right in parent's property


10-Feb-2023 (In Property Law)
Hi SIr/Mam, I am 25 yrs old, residing in Bangalore about to get married in May 2017. My father before his death registered the property to me and my mother as joint inheriters. My mother is not having any hopes on me and my husband that we will look after her. Now she is insisting me break the joint right on the property and to register in her name the whole. Also my mother fears that if property is in my name my husband will also get the share. Later in future if some fight happens between me and my mom she can say me to go out of the house incase I write and and give away all the property to her. I have no hopes that my mother give the property to me also..... what if my husband also divorse me and i have no property in my name also.....Please advise me whether I should write and give away the property to my mother or to keep in my name.
Answers (4)

Answer #1
622 votes
As you narrated your father registered the property in joint names of you and your mother, so it is clear that your father wanted that you both enjoy the property after his demise, I don't see any eventuality to give up your half right in the property, prudent way is to convince your mother to stay together with you as desired by your late father.
Answer #2
691 votes
Hi, Is the property is ancestral property or purchased by your father? . It is entirely based on the document, Whether you can break the joint right on property to enjoy your share. Unless you register the your share on your husband, he will not have right. We need discuss more on the property document.
Answer #3
783 votes
The property is in your name as well your mother's. Your future husband will not have any right over the property unless you consent. You can bring your mother to my office ,so that I can convince her the legal position to live amicably.
Answer #4
709 votes
Dear madam,
As per your question you don't hope on your mother and your mother also don't have hope in you, and also you don't have confidence in your marital life, to avoid further difficulties if you divorce, it is better to keep the property in both name.

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.

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