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.

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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.

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