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)

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.

Thanks


Googling your legal issue online?

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

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 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 Articles


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

Legal Services

Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

Sir, i am a ex serviceman now i am not re employed. I want to purchase some agricultural land. but i have not any agriculturist records. my father was…

Read More

I belong to Jain community,my father got expired when I was 2 year old child he met with an accident. My mother in law ( father sister) she is widow s…

Read More

how property will divide if first wife is expired and having two child and father is also expired second wife having two child . how much share first …

Read More

My mother is died before 10 years and has a property in her name. Now we brothers and sisters are going to divide the property. I had 2 marriages sinc…

Read More

Talk to a lawyer for your legal issue