Mother owns a flat want to claim share in her property

My mother own a flat in andheri mumbai, we are 5 children 3 brothers & 2 sisters. Due to fight between my wife & my mother 4 years ago i left the house and i staying on rent. Now wht rights do i have on that flat, will i get my share in that flat. One brother of mine is a USA citizen, and one sister and brother are AUSTRALIAN citizen and the younger sister has a house of her own while i am staying on rent

Answers (1)

199 votes

Hi. Till the time your mom is living, her children have no right in her property. She can deal with the property in any manner she deems fit.

The right of children will come into existence only upon the demise of your mother as her legal heirs. Till the time she is alive, the children are only 'presumptive' heirs. They have no right in her property during her lifetime.

It doesn't matter that your siblings are NRI and you stay in a rented apartment.

In order to avoid any family disputes in future, I suggest you request your mother to do estate planning of her property which will clearly define the entitlement of the children. This will also maintain family peace and harmony.


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