• Daugther's right to property in mother's name bought by father

Hi,

My father in law (1 wife and 2 daughters) recently passed away, he had bought a house with his own money but later transferred to his wife.

My query is do the daughter's have any right to the property as it is in the mother's name?

We have the evidence to prove it was bought by the father through his own means.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

how did father transfer property in mother name ?

2) was it by gift deed

3) if so mother would be absolute owner of the property

4) daughter has no rights on property during mother lifetime

5) if mother dies intestate then only daughter would have share in property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. if her mother dies intestate i.e without making any Will then your wife shall get share in the property on the basis of inheritance and survivorship.

2. it was her father's self acquired property so he has absolute right to transfer it by any legal way. If he died intestate then your wife can claim her share.

3. if her father has transferrd this property in his wife's name then she has absolute right in respect of this property. she can transfer it to any person.

4. in her life time your wife cannot claim her share in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

father in law will is worthless scrap of paper

2) once he has gifted property to his wife she would be the absolute owner of property

3) under will father in law cannot bequeath life interest in house to his wife

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Sir/Madam, as per your query, when father in law has purchased the property and transferred to his wife, that his wife is absolute owner of the said property. When she got the property in her name, she has every right to disposal the said property as she like. Daughter have no rights over the said property. After demise of her the daughter can get right over the said property if not done the WILL or Gift or disposal of the property. And more over the said father in law executed WILL, there is no value in the eye of law because of he was already transferred the property in his wife name, he has no rights to do anything... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. Since your father in law had executed 'WILL' and in that he had clearly wished that post his wife's death, the daughters can enjoy the property afterwards.

2. There is no ambiguity that your mother in-law has only life interest in the property and post her death, the 2 daughters shall have equal right over the property.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

Hi, if the property was transferred by way of gift to the wife then legal heirs including daughter have no right to claim the share in the property.

2. If the father-in-law has disposed off the property by "WILL" then as per the intention of the "WILL" daughter have right over the property.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1. If the father-in-law had made a will then his property devolves in terms of the will made by him. The daughters had a life interest in their favour. The will has to be read to ascertain what happens to succession post the demise of mother.

2. Consult a lawyer with a copy of the will.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

My query is do the daughter's have any right to the property as it is in the mother's name?

We have the evidence to prove it was bought by the father through his own means.

Though the property was bought by your father in law it was on his wife's name hence it becomes her own and absolute property.

Thus during the lifetime of the property owner the property shall be at her disposal only. No one including her own daughters have any right in the property during her lifetime.

Hence the daughters cannot claim any share in it as a right.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Father in law had also made a will in which he had mentioned that the daughter's can enjoy the property post the mother's death until which the mother can stay in the house. Would this have any bearing on the above?

This will itself is invalid if the property was registered in your mother in law's name or it was transferred by yor father in law by a registered deed on hr name during his lifetime.

Since or father in law is not having a marketable title in the property, the bequest of the property made through his will is not valid in law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer