Right of daughters on the property of mother
17-Sep-2023 (In Property Law)
We are 2 sisters and one brother. I am eldest sister. My brother and parents are living in gurgaon. My youngest sister is Australian citizen now and settled abroad. After my marriage, my parents bought a land in 2001 after selling their previous self bought property in Delhi. Earlier and this property were both in my mother's name while she is a house wife. They took bank loan to build a house on that. My brother was coborrower in that. I am worried that my brother will coerce my parents to make a deed in his favour so that later on we do not get any share in that property. He might have already done so. My brother is very money minded and he can go to any level to get the property (even if he has already bought some other properties already). I have 2 daughters and one of them is 18+ now. Do i, my daughter have any right if my mother made a will or deed? If my mother dies before my father without making a will or , and my father makes a will in my brother's favor, will it be valid?
As the property bought in 2001 in Gurgaon, was bought out of the funds generated out of selling an earlier self acquired property. So as of now none of you any right in the property. Your mother have all the right to dispose off the property as she likes. As your brother has become a co borrower, so he has a right in the built up property. Above all, your mother must have allowed him to become a co-borrower.
If your mother dies intestate (i.e. without making a WILL or alienating the property during her life time) then you, your brother, your sister and your father shall have equal rights in the property.
Your father can only make will of his share only, when he gets it. your daughter does not have any right in the property till you are alive. In case of your mother dies intestate, and you also predecease your mother, then your children shall have the right to the extent of your share only.
If your mother dies intestate (i.e. without making a WILL or alienating the property during her life time) then you, your brother, your sister and your father shall have equal rights in the property.
Your father can only make will of his share only, when he gets it. your daughter does not have any right in the property till you are alive. In case of your mother dies intestate, and you also predecease your mother, then your children shall have the right to the extent of your share only.
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