• Daughter's share over mother's property

Can daughter claim equal share among her siblings(Brothers) of land sold by her mother.(living). Mother sold her land for INR 30.00 Lacs in the state of Kerala.. Can a dauhter claim equal share or she will get less share from that property sale.(as per Hindu Law/Act)
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

The property standing in the sole name of mother is considered to be her exclusive property.

In that context the sale proceeds from the property during her lifetime is her sole property and hence none of her children have got any share in it.

So mother has right to decide whom to give how much money and none of the siblings have any share in it. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

See in life of parents daughter has no right mother will be absolute owner of property and she can sale the property on her wish.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In life of parents you cannot claim any share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Daughter have equal share in parents property but after their intestate death. In life time non sibling has any claim and parents can give it to any.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Sir/Madam,

When the mother is living, no. Neither does a single daughter. The concept here is “mother’s property”, as in it is the mother’s. A daughter has no more rights to the property of a living parent than any random person. A woman can’t go into her parents’ home and decide she wants their television and sofa and walk off with them.

After the parents die, the estate is either divided as directed in the will or by the laws of the state or country where the parents live. If there was no will, then consult with an attorney who deals with probate law where you live to find out how the property will be divided.

My parents had wills. When my mom died first, her will said that my dad got all of her estate. When my dad died, my dad’s will said that I got all of his estate, as I was the only child, with the exception of certain items and money that were designated to go to others.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. The land has been sold by the mother who was its title holder.

 

2. Since she is still living, it is up to her whether she will distribute theb sale proceeds amongst all her children or give it to only one of them or keep the entire amount with her.

 

3. So long she is alive, no body will have any claim on the said amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

1.In the instant case, the mother is alive.

 

2. So, she will have the sole right on the entire sale proceeds.

 

3. The question of the right of her children will come only after her demise, intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

Daughter or sons have no share in self acquired property during mother lifetime 

 

mother can  sell the  property and not give share to her children  

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

On mother demise daughter has equal share in property 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

As per law, if the property was on mother's name, then neither the daughter nor the son is entitled to claim any share in the property during her lifetime.

Since you are not entitled to any share in her property nor in the sale consideration amount, it would be better that you dont make a claim for an equal share in it becasue if they refuse to give you anything then you cannot claim anything even if you knock the doors of court.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

Kerala state has go no separate law of succession.

As per law law of succession, the proeprty lying on your mother's name shall be her own and absolute property, in which nobody can claim any share in it during her lifetime.

Therefore do not be under any misconception or wrong guidance in this aspect. 

You will be entitled to a share equal and at par with the other legal heirs if the mother died intestate and not during her lifetime.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

Yes, if the property is self acquired of mother lpthan daughters has equal share like their sons.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No she will get equal share. 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

she is the absolute owner of the property. she can create / sell /transfer that property as per her wish. after her death only you can claim share. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

if the mother died intestate, as per law son/daughter get equal share

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear client 

If the property sold by mother is self acquired property then its her choice that how will she distribute the share of sale proceedings.

And if it is inherited property than daughter will be entitled to get equal share from the property sales. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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