• Mother's property

My mother has property in her name, given by her father. does son has right in this property or only my sister has right in that property. my sister says since it is given by mothers father only daughter has rights in property. this is the way followed from olden days my sister says.
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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22 Answers

No body other then mother has right in the property in life of mother. On demise of mother intestat without will you and your sister shall have equal rights. Your sister is making totally false statement. Further in life of mother nobody has any claim.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) No its not like that son also has rights in the mother's inherited property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If any document is prepared stating your mother has been given that property like gift deed or will deed then nobody else can claim right and your mother is absolute owner of that property. (For this property must be self acquired)

But if such thing is not in written form and no such document is prepared or the property is ancestral then other legal heirs can also claim right on property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

No such was not the case even in the olden days .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In olden days daughters were not entitled to inherit property from either of parent. After amendment of 1989 in tamilnadu daughters were given right to claim share in property along with sons.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Both son and daughter have equal share in property on mother demise

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Property does not go to daughter only

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Son / Daughter have equal rights over the paternal ancestral property whereas they don't have any rights over ancestral property of Mother , acquired property of Mother unless they die intestate .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

No it where not like that in old days also. The son has rights as per the Indian Succession Act Class II heir ship

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Your sister is wrong. Both of you, i.e., you and your share will have an equal share in this property post demise of your mother.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Any property of ancestral nature goes to all the legal Heirs equally as your mother has the property from her father this will be divided between you and your sister equally and your mother have no right to sell the property without your permission

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. If there is a prevailing custom and it is acceptable in society then it will be allowed;

2. But the gift deed to daughter is also valid in law;

3. Nobody else can claim it;

4. So you can file a suit to stake a claim;

5. Consult a local lawyer, share all facts and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Please note as per hindu succession act you and your sister has equal right on property which has devolved upon her if she dies without leaving will.

Section 15 of the Act delineates the heirs of a female Hindu and the order in which they are to succeed to her property if she dies intestate.

15(1) of the act provides for a specific order, in which this property divests;

“(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

till the time your mother iis alive no one has the right on the same.

If she dies intestate then both of you will have the right on the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ancestral property is one which remain undivided for 4 generations.

As per the facts told by you the concerned property seems to be a self acquired property and hence the rule told hereinabove will apply.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Both son and daughters Would have equal rights in the property after the demise of your mother. Your mother is at Liberty to dispose of the property anyway she pleases during her lifetime.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

In ancient times, daughters could not inherit any property by way of succession.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Hi,

All the children have share in mother's property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Mother is absolute title-owner of property received by her Father.

2. NOBODY (including daughter) has any rights over such property, unless and untill mother Gifts /Transfers /Wills it away to anyone Mother wishes to.

3. "Olden days" are gone and what can be done legally is as per the present succession laws.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sons and daughters have equal shares in the mother's property, if left without a Will.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

The proeprty inherited by the mother from whichever source, shall be her own and absolute proeprty.

In this nobody, including her children or husband or anyone, do not have any rights even for a share in it at least not during her lifetime.

Therefore your sisters' claim can be ignored because they are not aware of the law of inheritance.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Also i want to know beyond present legal system does property from mother ancestral property goes to daughter followed in olden days.

No,. dont be misguided by vague and false information on the subject.

Property from mother's side do not fall under the ancestral property category.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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