Property was bought in mother name out of sale proceeds for benefit of joint family
2) sister can claim equal share in property
3) mother can bequeath or transfer her share in property to whom so ever she pleases
Dear sir, My sister marriage time my father have seller our living property spend 50‰ of money for her marriage . after that we again brought a property outside the city & we build a home on the balance money . This property we registered in our mother name .Now my sister is asking 50% share on current property.From age 20 to 34 years i was managing the home .after my marriage 3 years they asked me to go out of home . In of some of money also used to build that home . now my mother also they're side .she is not ready to come down from 50% . recently i got heart attack i have two kids in 3 & 6 years & now i am staying in rental house . please suggest me .what i have to do ? Did my sister have rights for 50% .if my mother write share partition deed it . law will accept .
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Property was bought in mother name out of sale proceeds for benefit of joint family
2) sister can claim equal share in property
3) mother can bequeath or transfer her share in property to whom so ever she pleases
Your legal situation is different from your medical situation as the property is purchased from the proceeds of this ancestral property logically she is eligible for 50% of its share you need to work out an amicable solution to sort out this problem.
See in life of your mother ,mother is absolute owner and she can sell gift transfer the said property to whomsoever she wish , after the demise of the mother intestate without the will you and your sister shall have equal right on the property.
if mother in life gift you complete property then she has no right over it.
your mother is absolute owner she can gift entire property to anyone either to son Or daughter in her life time.
Share to the property will be proportionate to the contribution made by each towards consideration of the new house. Then law of intestacy will apply. Father's share would then again be devolved upon equally to all legal heirs.
It is certainly not that your mother would be absolute owner of the whole property even it is registered with her name alone.
Hello sir,
Now the property stands in your mother name. Your mother can execute a settlement deed or sale deed in favor of any one. Being a son or daughter either you cannot claim right on the property. It is up to your mother decision.
It is also also hard to prove that the property was purchased by your father in the name of your mother. If your mother is willing to give 50% share your sister, legally you cannot restrain her.
At present she has 1/3rd share in property after your father demise, your mother can give her 1/3rd share to you through release deed/gift deed.
Neither you nor your sister have any rights in the proeprty which is registered on your mother's name.
In fact if your father is living, he too is not having any rights in the property owned by your mother.
None of you have any rights in the property at least not during the lifetime of your mother, this is law.
So you decide what you can do.