Property purchased by my father in the name of my mother
Sir , can a Hindu married women claim her right in the property which was purchased by her father in the name of her mother, now father is no more and mother and her son don't wish to give the share to the daughter by saying that the property was in the name of her mother ,but mother is housewife throughout and don't have any source of income ....all the property was purchased by her father only but in the name of her mother ,can she legally claim her share.....
Asked 7 months ago in Property Law from Jaipur, Rajasthan
See if the property is in name of the mother then she cannot claim right even if you go for litigation then it would be waste of money as money factors work as:
1. Any property in name of hindu women is her sole property and treated as self acquired property.
2. Father purchased it from his income not from ancestral sources so it was his intent to give mother that property not to create a joint property of legal heirs. Further no legal heir has any claim on the property self acquired by father he can dispose at his wish.
3. Further today it stands in mothers name no matter mother has no income but she has valid title of property and she can transfer it on her wish.
Firstly, any property which has been purchased by father with his own hard earned money instead of any money coming out of anscestral property then that property is the self acquired one.
Secondly, and he has all right to alienate it in a way in which he likes to.
Thirdly, if it is on mother’s name then you can’t ask for any share.
Fourthly, but, yes you may still go to the court and may have injunction also to not to alienate the same till the disposal of the case.
There can be judgments which may strong your case, but requires time to look for.
Advocate, South Delhi
If the date of death of your father is after 09.09.2005, then only you can claim equal rights in property. If so is the case, then you can file a suit for partition in civil court wherein you would have to prove that your father had bought the said property from his own funds or whatever the case is, and if you can prove to the court that your mother is not earning as well as produce her ITR proving that she doesn't have any source of income which would enable her to buy the property, then you can succeed in claiming an equal share in the property, being a class 1 heir.
Advocate, New Delhi
1) Till mother is alive. No legal heirs can ask her share in the property. Its her self earned property.
Daughter can file suit for partition to claim her share in property
2)it should be her case that property bought in mother name for benefit of joint family
3) seek injunction restraining sale of property by mother
No she can not claim as the mother is absolute owner of the property and she is alive so daughter has no right to claim any share from this property.
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Advocate, New Delhi
1. Since the property was purchased in the name of the mother she alone will be treated as its exclusive owner during her lifetime.
2. So during her lifetime the mother can choose either of her children to be the beneficiary of this property after or during her lifetime.
3. So as long as the mother is not willing to give anything to her daughter, your wife does not have any share in it.
4 . Only if the mother dies without any Will or other deed of conveyance then the same would be equally divided among all her children.
1. The property given by Father to his Wife (mother) shall be classified as Stree-Dhan. The property absolutely and finally & perpetually belongs to the Mother. This is irrespective of whether mother had any source of income or not.
2. Only the Mother shall decide to give or not give her property to anybody.
3. NOBODY has any legal right to demand the mother property, while she is still alive.
Keep Smiling .... Hemant Agarwal
1. The daughter cannot claim any share in the lifetime of the mother.
2. Her right in the property will accrue only on the demise of the mother.
3. Daughter would then inherit as a legal heir her respective share in the property.
4. When mother is alive, daughter is not entitled to claim
Whether housewife or she did not have any source of income to purchase the property, since the property has been registered on her name, she becomes the absolute owner of the property.
It becomes her own and absolute property under the married women's property act.
It is clear in law tht her source of income or funds for purchase of this property need not be probed into, since it as registered on her name, she becomes the absolute owner and she can give it to anyone of her choice.
Therefore you do not have any rights in the property.
Yes, definitely you can claim for this.
Daughter have equal share in father`s property. You can seek partition by mere proving that property was purchased by father in the name of mother. Actual buyer is Father which is evident from this fact that mother is housewife and no source of income. And same may be mentioned in sale deed, who made the payment.
Mere purchasing property in somebody`s name dose not him/her actual owner.
If the property is of mother and in name of mother it becomes her self acquired Property even if it has been given by father. She has right in the property of father if father dies intestate.