• Parental property

Hi, 

Residential property was on my mothers name. After her demise in 2011, the said property was transferred on joint ownership of self and brother. We are two brothers and one sister, sister has been given a plot before her marriage by my parents separately and she has no claim on this parental property (there are only two parental property). 

My Brother is Canadian citizen for more than last three decades and is living with his family abroad. He has not shown any concern for parents, more so after demise of our mother. Father is now 88 yrs and bedridden for last five years. Me and my family is looking after him. There is no assistance of any type from any source.
My concern is, since i and my family have been looking after parents for last almost 17 yrs, is there any provision under LAW, or some precedence elsewhere, under similar cases, where in parental property is naturally transferred to the sibling who look after their parents ?

Kindly Please advice.
Asked 3 years ago in Property Law
Religion: Hindu

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24 Answers

Hi

There is no such provision that all the property will be transferred to the child who take care of the parents the property will be divided equally among all the childrens or according to the will of parents.

You can get all of the property transferred to your name if your father wishes to he also knows that you have only you have taken care of them since 17 years

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

That is not the case, if the parents passes away without a will then the property will devolved upon the 1st class legal heirs. That is the law and there is no exception to the same.

It is advised that you get a gift deed done in your favor.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

Dear Client,

It`s a good deal that u r looking after ur parents ,

But since the property is already transferred in both u brothers, its became ur self property according to share, so care for parents wont have any effect on the title of property,

Also, looking after parents even for longer time do not give any specific right or privilege and the assets will devolve according to succession law.

Mode of transfer - GIFT deed. ?

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

There is no such law that parental property would be transferred in the name of sibling who looks after his aged parents

2) in such cases parents can by will bequeath property to their son or daughter who is taking care of them in old age

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

There is no provision in succession act. Naturally after the demise of parents the inheritance right would devolve upon all the legal heirs. The person who look after them cannot get any privilege right than the other legal heirs. In case in their life time, if they executed any Will or settlement in your favour then you can claim the property right under the testamentory proceedings, otherwise all the legal heirs get equal share over the properties.

Selva Perumal
Advocate, Chennai
320 Answers
36 Consultations

4.9 on 5.0

Sir,

There is no provision in law that property gets transferred to the caring son/daughter after death of the parents. Their may be judgments in such circumstances and during course of trail it has to be stated. So it is better if you can get no objection from your brother.

Anand Shukla
Advocate, New Delhi
638 Answers
13 Consultations

4.9 on 5.0

Is there any Deed executed by your mother in your or your brother's favour?

Also after the death of your mother her property will devolve to all the legal heirs including your Sister and Father equally.

Parul Suri
Advocate, Faridabad
15 Answers

4.2 on 5.0

Sir ...

The property will be devide in-between you and your brother there is no law for your such stupid explanation... Shame on you mr that that you give this explanation ...Can you just tell me on thing that have your father asked from you in childhood that give me money else I will not take care for you ...Sir he did for you through out his life now it's time of you to prove your duty ...Don't be gready for property ...Your parent's were your real property so look after them ...

Hope you understand... Value of property and parents..

Thanks

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

1. There is no provision in India Law under which 'parental property is naturally transferred to the child who look after their parents'.

2. Moreover, in your query you have mentioned 'After her demise in 2011, the said property was transferred on joint ownership of self and brother. We are two brothers and one sister, sister has been given a plot before her marriage by my parents separately and she has no claim on this parental property (there are only two parental property)'. Who has transferred the said property of your demised mother after her demise? Was there any settlement deed registered by all the legal heirs of your demised mother? If not, then all the legal heirs of you demised mother shall have a claim on her property.

3. For getting the title of her said property conveyed in your name you shall have to get a settlement/relinquishment deed executed and registered by all the legal heirs of your demised mother's properties in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

Hello sir, there is no such provision of partiality .. However since your father is old aged he can claim maintanace from his son ,for his monthly expenses

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

no, you may convince your brother so that he transfer his right over the property in your favour.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

There are four stakeholders to this property as on date and 1/4th share belongs to each of them. These stakeholder are you, your brother, father and sister. Obtain relinquishment deed in your favour from your father and sister, so that their respective 1/4th share too, comes to you.

This way, 3/4th of this property will come to you and 1/4th shall continue to be of your brother.

Unfortunately there is no such of law of which you are talking.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

1.There is no law or precedence whereunder the share of a legal heir has been ousted due to him not tending to his parents in the evening of their life.

2. The share of your brother is indefeasible.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

No there is no type of law which you are looking for. You can do one thing, just convince your father to make will in your favour,

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Sorry, it cannot be done sir. As per the will your brother has equal right like you. But your father can seek maintenance from your brother by filing a case.

Selva Perumal
Advocate, Chennai
320 Answers
36 Consultations

4.9 on 5.0

You have to share the copy of WILL.

Just wanted to Check that if she wants her property to Devolve to your Father first or directly to you.

Then only we can advice you.

Regards

Adv. Parul Suri

Parul Suri
Advocate, Faridabad
15 Answers

4.2 on 5.0

Sir the same can not be done. If the will has been written by your mother in favor of your brother then for the fact that your brother is NOT looking after the parents will not make him ineligible to inherit his share.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

Your father cannot over ride mother will

2) property was bequeath ed to you and your brother by will . Father cannot over rule said bequest

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1. Ordinarily grant of probate of will is required to be obtained from the Court without which will carries no value. However, for the properties at Delhi no probate is mandatory. Hope you have mutated the property in your name.

2. The property belonged to your mother ans she has bequeathed her property equally to you and your brother.

3. The will is not a conditional will depending on who looked after your parents.

4. Your father is not a party in this case and his opinion about the correctness of the will has no legal bearing on the execution of the will.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

you father has no legs to stand here.

the property was in the name of your mother and she bequeathed the same in favour of you and your brother.

so whatever be the position, how your father will be entitled to poke his nose in the matter.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

My concern is, since i and my family have been looking after parents for last almost 17 yrs, is there any provision under LAW, or some precedence elsewhere, under similar cases, where in parental property is naturally transferred to the sibling who look after their parents ?

Your notion is wrong that since you have taken care of the parents for the last two decades you are alone entitled to acquire the properties leaving with no share to other legal heirs, if the deceased is reported to have died intestate.

The property on your mother's name shall devolve equally on you, your sister, brother and your father.

Al the other sharers have to execute a registered release deed relinquishing their rights in the property in your favor to enable you to become an absolute owner of the property.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Is there any law where in despite the existing will execution, can my father overrule this and review the same to do justice as per existing circumstances, as one of the parent?

There is no provision in law to fulfill your wish or to enforce your thoughts.

You have a choice of enforcing the will by which you will get 50% share and your brother shall be entitled to acquire the other half.

If you do not want to enforce the will then the property shall be divided into four equal shares and you will be entitled to one fourth share.

You can discuss with your brother about this and ask him to execute a registered settlement deed in your favor in respect of his share in the bequest made through the Will

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

WIll is registered or not ?

Is it in knowledge of ur brother ?

Who bought the property.

Whats written in WILL ( language )

Well, Ur mother only has a right to make changes that no possible, no other remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

Father can not overrule the will

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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