Right of children to get equal share of property in mother's name
08-Feb-2023 (In Property Law)
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
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.
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.
Can I claim my father's property when father is alive?
A son does not have the right to inherit his fathers assets as long as his father is still alive and able to manage his affairs. The father is entitled to decide how he wishes to use his property and whether or not he will pass it on to his children.
Can a father give all his property to one child?
It is the fathers right to give his son the property he has acquired himself, and not other children. His children do not have the right to claim this property during his lifetime. The same can be passed to his son either by gift or will.
Who is the legal heir of father's property after death?
The Hindu Succession Act, Class-I, allows immediate family members such as his wife, son, daughter, and mother to claim his property upon his death. Property of an intestate man will be divided equally between his family members.
What is the new law for daughter in father property?
Vineeta vs. Rakesh
if property is in the name of father
Buying property in parents' name in India
Property purchased in the name of mother
If property is in the name of father in india
Joint ownership of property father and son
Whether son becomes owner of property if property is purchased in his name by his father
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."