Sister can on mother demise claim share in property
2) your mother should execute will bequeathing property to you by will
3) reasons should be mentioned for dis in heriting sister
4) will should be attested by 2 witnesses
Dear sir, I have purchased land on my mother's name with my own earnings. she is a housewife, she don't have any earnings. My sister got married on 2010 before my land purchase. Is there any legal rights for my sister to claim share in that property?
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Sister can on mother demise claim share in property
2) your mother should execute will bequeathing property to you by will
3) reasons should be mentioned for dis in heriting sister
4) will should be attested by 2 witnesses
Yes if it's in mothers name she can claim. You need to ensure that sister doesn't claim it. Else you need to prove in suit that the said money was yours.
A Hindu female holds any property acquired by any means as an absolute owner. Her property shall pass on intestatecy to all her legal heirs equally including married daughter. So your sister shall have an equal share to the property.
Since the property was purchased in the name of your mother it will be treated as her self acquired property even though the land was purchased out of your own earnings and she is a house wife. Yes there will be legal rights to a daughter over the land exciting in the name of mother. As per law, a married daughter will be treated as one of the legal heirs of the mother among other surviving legal heirs in the absence of any written documents viz., will deed etc., As long as your mother alive the land will treated as her self acquired and thereafter the issue of legal heirs will come in to play.
If property is on mother's name than it will be treated as her self acquired property and after your other your can claim her rights as well.
For that you can make gift deed or WILL OR settlement deed with 95% sharing ratio of yours.
On intestate demise of mother the sister can claim equal share in the property , so therefore ask your mother to make will of same in your favor and register same.
Yes your sister can claim the share in that property if your mother dies intestate.
Because she is also legal heir of your mother as you are.
Since the property is purchased in the name of your mother , irrespective of the consideration money provided you she alone would be considered its owner.
Now your mother can during her lifetime can transfer this property to anyone she chooses including your sister.
If your mother dies without any Will then your sister shall have equal share in the property along with you.
your sister can claim her share on demise of your mother if there is no will. so better execute a gift deed in your favour or execute a registered will.
Can you prove that the land is purchased through your earnings?
Do you have a valid reason to purchase in your mother's name?
Are you sure that your mother shall not convey half share to her daughter ?
G.Rajaganapathy
After your mother's lifetime, her estate shall devolve equally on all her legal heirs in the case of intestate succession. In that case your sister may claim her share. It is better to get your mother to gift it to you during her lifetime or leave a Will in your favour.
Ask your mother to gift the land to you. You have made payment towards purchase but in sale deed, property is in mother`s name.
Your sister can claim share in property after mother intestate death and to prove sole ownership on the basis of payment, you have to file declaration suit which is time consuming and costly.
So, to avoid any claim by her and court involvement, ask your mother to GIFT the property or execute WILL in your favor.