On mother demise intestate you a nd your sister would inherit mother share in property
2) your sister would have one fourth share in the property
Ownership right on a shared property with mother
My father demised in the year 2005. My mother is alive. We are only two siblings, me (married) and my married sister. Me and my sister are salaried, and my mother is a house wife. My father had no will. I had acquired a property (Flat in Kolkata) in 2008 post marriage of my sister (2006). This property is in the joint name of my mother and me. While I have taken a property loan (on my name) for this property and paying the EMI from my salary till date which will be fully paid in 2025. Can My sister or her family claim right ownership after my mother's demise on this property, as my mother is co-owner of this property? If yes, what will be the percentage of her claim on the property? Note: The down payment, stamp duty and other payments made till the possession of the property in 2014 was paid with proceeds received from my fathers investments after his demise and my own savings from my salary. Total amount paid was INR.1,000,000 (exclusive of the home loan amount which I am paying). The ratio was 1:1.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. Your sister shall be legally entitled to 50% of her mother's share in the flat, if your mother dies intestate.
2. In case your mother executes WILL with respect to her undivided share in the property in favour of anybody, the property would devolve to the beneficiary/beneficiaries named by her in her WILL.
3. If your sister can prove that the investment towards buying the flat was made out of the proceeds received after father's death, in that case, she can claim her right over the property in your joint ownership share also.
If I am willing to buy a new property, with my mother as co-owner, what documentation shall I execute so my sister or her family will not have any legal right on the property post my mother deceased?
Asked 8 years ago
You mother can execute a will bequeathing her 50 per cent share in property to you by will
2) in alternative during her lifetime execute gift deed in your favour
3) gift deed should be duly stamped and registered
1.Since your mother's name is there she is considered to be its half owner and your making all the payments makes littile difference.
2.So when your mother her half share is liable for division in equal shares which includes your brother, sister,if any.
3. Howeevr of you wish that on death of your mother her share doe snot pass on to any other siblings you may make her a Will giving half share in your favour.
1. if your mother dies intestate then your sister can claim share in this house.
2. if your mother relinquishes her right in the flat in your favour then your sister cannot claim any share.
3. if your sister accrues right (if your mother dies intestate) then she can claim 1/2 share of your mother in the flat. however it is joint family property, she can claim but such claim will depend upon the fact that whether it is divisible or not. if flat cannot be partitioned then she cannot get possession over it. in this condition you can make an offer to purchase her share.
This property is in the joint name of my mother and me. While I have taken a property loan (on my name) for this property and paying the EMI from my salary till date which will be fully paid in 2025.
Can My sister or her family claim right ownership after my mother's demise on this property, as my mother is co-owner of this property?
If yes, what will be the percentage of her claim on the property?
Upon an intestate death, the share of your mother in the property shall devolve equally on all her legal heirs, i.e., you and your sister. She will be entitled to half share out of your mother's share in the property, i.e., 1/4th share in the property.
However to avoid this your mother may transfer her share in the property to your name either by a registered settlement deed or by a testamentary disposition i.e., by bequeathing the share of property by a will and get it registered during her lifetime so that her share of property also comes to you.
If I am willing to buy a new property, with my mother as co-owner, what documentation shall I execute so my sister or her family will not have any legal right on the property post my mother deceased?
If the property is bought on the joint names, then you cannot create any document along with the sale document to disable your sister from claiming any share out of your mother's share in the property.
You may follow the steps suggested in the previous post so that your property is safe and secured and shall belong to you alone after your mother's lifetime.