Mother got property from grandparents wants to divide it


Hi I am a christian married daughter living abroad. My mother has a house of approx value of 1 crore in Kerala, which became hers automatically after my grand parents died. She wishes to give me 40% and my brother 60%. Can she legally do this ? As my brother is not happy with my mothers decision to give me 40%, if my mother fails to make a will while alive, does the entire property go to my brother's custody ? Can I claim it legally ? Please give me legal opinion regarding this situation. All advices are highly respected. Thank you.

Answers (2)


294 votes

The mother, during her lifetime, can dispose of the property at her discretion. However, the distribution of property could not be at at the discretion of your brother, but in accordance with the provisions of law.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

68 votes

You mother can give her property as per her wish. If she executes a will with regard to her property then after her death the right over the property goes as per recitals in the will. If she wants to give 40% share of her property to you then execute a settlement deed or gift deed when she is alive.

Popular Property Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles