Procedure to claim share in mother's property
28-May-2023 (In Property Law)
I am hindu and my dad expired in 2010 making my mother as receipent of his property. This was second marriage of my mother and third of my dad. I am from their final marriage. I have five other siblings from final marriage, and two step sister from previous marriage of my mother. Now as my mother has mutation done she wants to transfer property to her daughter from first marriage (my dad had brought up those 2 step sisters) as she is my mother favourite, moreover she has failed marriage so lives with us. Can mother transfer it expelling their only son?
Your parents marriage doesn't make difference in law of inheritance. All siblings even step ones have equal rights on the property. However, I will suggest you to go for suit of partition and declaration. There many other facts which you need to take into consideration while partion of the property with proper scrutinization.
Need one clarification before reponding your queries that your father was the owner of the property or the document of property in favour of your mother. If the owner was your father dies without making will then your mother can not transfer the property in favour of her daughter alone. Property share will give in favour if all legal heir.
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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