• Property of my father mother is not dividing in son and daughter

We are two son and one daughter of our parent,  my father died 10 years ago,  he is the single earning member and built a property, due to job my family are staying out of city,  but now from last 4-5 years we are residing in same city in rented house, property is in the name of my mother, at present  she is leaving in property with my younger brother family but separately, she has put the property documents on bank to withdraw the loan for my brother's wife, she is not even  intrested to divide the property, because I am having single girl child, where as my brother is having single boy, my daughter is in professional college and need  a share in property, our only sister is married from last 25 years, please advice us how to proceed, we have not come across any will of my father so far they have not disclose any one, and as far as my knowledge my father has not made any will,
Asked 7 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

Lawyers are available now to answer your questions.

14 Answers

On demise of father you have one fourth share in property

You can file suit for partition for division of property by metes and bounds

Seek injunction restraining sale of property by mother or creating third party rights on property

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Well, it appears that though your purchased the proeprty but t was done so under the name of your mother.

If that is so then your mother would be cosndiered as its sole owner and hence she can deal with it in any manner she likes.

Accordingly she can gift the whole of part of it to any of your child and the deprived child like you can do anything through legal recourse.Only a personal intervention may benefit you somehow.

However if the land was purchased in the name of your mother but the house was built by your father and mutation was done in his name or the viced versa then you can file suit for partition to claim your 1/4ths sahre .

So ac accordingly.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

If this property was purchased by your father on his name then your mother cannot become the owner of entire property

It will devolve equally on all the legal heirs.

You will be entitled to one fourth share in it hence you can make a claim for it as a right

You can even file a partition suit seeking your legitimate share and separate possession.

You can consult a local lawyer and proceed as per his suggestions.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Property was purchased by father in

Name of mother for benefit of joint family

2) take the plea that mother was house wife and had no source of income

3) file partition suit as advised herein above

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Since your mother is the owner of the proeprty she can ut the proeprty on mortgage and your objection to bank will not stand.

If you file a suit under Benami Transaction Act to get this proeprty declared as property of your father as he purchased in benam of your mother then only your right of share accrues. OTHERWISE NOT.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1. If the property is owned by your father then on his intestate demise it devolved through succession on his widow and all children equally. The share of every heir is 1/4th. So your mother can bequeath or settle only her 1/4th share, not beyond that.

2. You and your sister are free to file a suit for partition to cull out your share in the property. Also seek injunction to restrain your mother from creating third party rights.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

As you said that property is on the name of your mother she can do however she like in her life time

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

that will not give you any facility or profit to your paternal property. it is better you prefer for partition of the property stating that the property stands in your mother's name is actually your father's property. your mother is the only name lender. in absence of your father all of you are entitled to get equal share.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

There's nothing much you can do during the lifetime of your mother, since this property is in the her name.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

If your mother passes away without a will, this property will be inherited by your, you brother and your sister in an equal share.

During her lifetime, your mother may do anything with the property and dispose off the same in any manner which she likes.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

you will have 1/4 th share in the property as per the provisions of the Hindu succession act.

File a suit for partition by metes and bounds and claim your share in the property.

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Take a plea that the mother is having no source of income and the property was bought by father and thereupon seek the partition.

Also take an interim relief that the mother be not allowed too make any third party interest.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Though your father funded for the property, since the property was registered on your mother's name, she becomes the absolute owner of the property.

She is the person who has full rights i the property and nobody can claim any rights over it during her lifetime.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

In this matter you have to file a partition suit stating all the particulars, claiming 1/4 share of all the properties.

You can brought the facts to the bank.

Good Luck / /All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

Ask a Lawyer

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