Right of children to get equal share of property in mother's name


I have a doubt, my father's has 4acres of agriculture land and he written all the 4acres on my mother before he die 35 years back and we r five childrens to our parents 3girl childs and 2 boy child's iam the 2nd child of my parents and now my younger brother transfered all this 4acres in his name without informing anyone so can we file a case agonist him? Are we geting equal share if he file a case against him

Answers (1)


295 votes

Sir,
In your problem you have stated that whole property is belonged to your father and you informed that before his death he had transfer it to your mother.

here you never mentioned the mode of transfer to your mother.

Any way, if it was legally transferred, then your mother will treated as the absolute owner of the property and she is having full rights to transfer the same to any one .

here you first confirm that how your brother transfer the property from mother to him means mode of transfer. If it was transferred to your younger brother by mother under a undue influence or miss representation then said transfer can be challenged.

Here if the father died intestate then all his Representative get equal share in the said property.But the property was transferred to your mother before his death. So mother will become the absolute owner.

Please confirm if the said transfer is illegal. Is so you can challenge the same.


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