• Mother assets

Sir, my mother recently died and all assets are in the name of mother. My father had purchased all assets and registered under the name of my mother . 

We are two siblings (my self and sister) and my father still.

Who will get these assets ? What are the chances ? Please elaborate
Asked 4 years ago in Property Law
Religion: Hindu

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27 Answers

on mother demise you have one third share in property standing in her name

2) you can file suit for partition to claim your share in property

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

As per inheritance rule, mother`s assets will distribute by 1/3rd each. But as the assets are purchased by father, he can get declaration through court that he is actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

All of you three, your father, you and your sister will get property equally.

If she did not prepare any will then between three of you and if she transferred her

property in the name of particular person then his/her name.

If you and your sister want's to transfer your right, then you should execute gift deed in the

favor of your father.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

you can relinquish your share in favour of your father

2) deed of relinquishment can be executed

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

you have right on property. You and your father as equal share.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

your father can file declaratory suit that he is absolute owner of property as he had paid for purchase of property in wife name

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Father cannot claim exclusively saying that all funds were his

2. Because then he will be caught under benami law

3. Your father cannot even file a declaratory suit to declare him as sole owner of all the property saying that he paid money for them, because benami transaction is prohibited and so a suit is also not allowed

4. As your mother died without a Will, the property will go to her legal heirs ie husband and children in equal shares

5. If your father claims exclusively by filing a suit, you can raise issue of benami and his suit will be dismissed by court

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Yes since the mother was not having any source of income therefore the father will have the rightful claim on all the assets

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A declaration suit will have to be filed in the court.

Get in touch with some local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As per Section 15 in The Hindu Succession Act, 1956 the mothers property divided equally among husband and children's .If your father prove before the court that he purchased the property with his own money and register it in your mothers name out of “love and affection”, then he got full right over the property .

Benami Transactions (Prohibition) Act held that it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources but the property will be person purchasing the property and not of the wife/spouse in whose name title deeds exist.wife will fall as an Exception to the prohibited benami transaction in view of Section 2(9)(A)(b) Exception (iii) inasmuch as it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the de jure husband and not of the being wife(in whose name title deeds exist)

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Your mother's estate would be divided between you, your sibling and your father in equal proportion thereby you would have a share of one third of the total property in the name of your deceased mother

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If you want to transfer the property in the name of your father relinquishment deed needs to be executed and registered by you and your sibling forfeiting your share in your mother property in the name of your father.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

appoint any local lawyer, he will prepare deed for you, after duly stamped

and signed, you both transfer your right in the property in the name of your father.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Declaration means that your father can file a suit in Civil Court to declare him as the sole owner of the property as all the payment was made by him by the property.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

He need to file declaration suit in court, without it assets will distribute equally between all three.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You along with your sister and father are the legal Heirs to your mother other than you 3 there is no other legal hair

Other legal hair only appears when there is no first class legal heir you need not to worry about both of you will get your share along with your father in the mother's property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir the assets will he equally distributed between your father you and the sister in case there is no will.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since there is no claim on assets from father and the property stands in name of mother then in.that case firstly no third party right only you three will get further lawfully you 3 have equal right father to claim all that have.to file a suit.of declaration on immovable property showing he purchased asset .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

He has to file a declaration suit under.specific relief.act.showing that he has paid all the amount and showing all the transaction of purchase.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. IF Father can documentarily prove (income tax returns, bank statements, .... ) THAT he had purchased the assets in name of Mother, THEN ONLY Father can transfer /claim back the assets and NOT the children, till the Father is alive.

2. HOWEVER, a Family Settlement Deed, can be executed by all the residual Legal Heirs of the deceased, and decide & divide the property amongst themselves, in the ratio as may be decided and recorded in the Deed. An Amicable way, IF Father & Children agree mutually.

Keep Smiling .... Hemant Agarwal

VISIT:

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Even though the properties were purchased by your father out of his own funds, since the properties are on your mother's name and she is reported to have died intestate, the properties left behind by her shall devolve equally on all her legal heirs consisting her children and her husband.

All three will be entitled to an equal share in the property.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Will anyone get anything from out of it other than three ?Is there any chance to transfer all assets to my father? Because he only purchased all assets

No outsider is entitled to any share in it.

Your father will be entitled to one third share in the properties.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

What is the process of declaration that, my father has owned property and how will do ?

No declaration is required.

The property should be partitioned into three equal parts and if he is not agreeing for it, then you can file a partition suit seeking separate possession of your share in it.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You three will get equal share in property. It is not material who paid money because title was on your mother's name.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Her assets have devolved through intestate succession on her class 1 heirs i.e children and husband. The share of every heir is 1/3rd.

2. ANy heir is at liberty to file a suit for partition to cull out his/her share in the property of deceased.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Nobody else has any share in the property of deceased if she is survived by husband and children.

2. If you and your sister are ready then you may transfer your share to your father through a release deed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. As per Hindu Succession Act, all 4 are legal heirs and therefore all will be the owners;

2. If you want your father to become the owner then you three will have to give an NOC;

3. Also obtain a succession certificate and legal heir certificate;

4. Consult a legal lawyer and do the needful.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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