• My mother transferred all my father's property to her name after his death.

My mother transferred all my father's self property in her name after my father's accident death in the year 1996. We are 4 children's in that 3 daughters and only one son. Now my mother wants to give 1/3 of my father's property to all 3 of us and remaining 3/4 to her only son. She says she is the real owner and she has rights to give 3/4 to her son and we have no rights. Is it true we girls have no rights and take whatever our mother gives us?
Asked 4 years ago in Property Law
Religion: Hindu

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31 Answers

See you all that is children and mother has equal share on the property of the mother you have to file a suit of partition of the property and seek equal share of the property .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The said property will be distributed equally amongst all legal heirs unless there is a will of your father

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Your mother cannot do that. You the daughters have equal rights in the self acquired property of your father. His death was intestate, (WITHOUT A WILL), hence all his legal heirs, such as his wife, daughters and son inherit the properties in equal proportion. 

My advice to you would be to issue a legal notice staking your 1/4th share in these properties, if she fails to reply or respond, you can file a suit for partition against all the properties left behind by your father.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

After father intestate death, his properties inherited equally in all by 1/5th each. Mother can give her 1/5th share to son, daughters 1/5th share is intact, mere transfer in mother name dose not make her owner. Can claim share by filling partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

on demise of father , your mother , 4 children have equal share in property

 

2) mother can at most bequeath her share to son 

 

3) she cannot bequeath 3/4th share to son 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Dear Madam,

No, after the death of your father his property will be shared equally among children and your mother, your mother gets only one share not all.  You can file partition suit and claim your share.

 

If the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. ... Each heir is entitled to one part of the property, which means that as a daughter you have a right to a share in your father's property

After the death of your  grand father it naturally devolves on the following formula

 

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. If your father died intestate then his property devolved on his widow and all children equally. The share of your mother is only 1/5th, consequently she cannot transfer more than this.

2..The remedy in your hands is to file a suit for partition and also declaration to declare any transfer deed or mutation done by your mother over and beyond her share as illegal and void. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Madam

As per section 8 of Hindu succession act which is given below , widow and all the children get equal shares. You can file a partition suit and restrain your mother from transferring the properties to any other person more than her share

--------------------------------

Section 8 of Hindu Succession  Act: 

====================================================================

General rules of succession in the case of males.―The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:―

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. The moot point here to consider,  is whether your father died intestate (without executing a WILL)? or died testate (After executing a WILL)?.

2. Assuming that your father died intestate, then his property would devolve equally to your mother and 4 children, i.e. 3 daughters and one son, i.e. 1/5th share each.

3.  If 3 daughters and their brother have relinquished their individual shares over the property in favour of their mother by executing a registered Release Deed, then only their mother would have become Absolute Owner of the property and she could have gifted or Willed the property according to her whims and fancies. If any or all the siblings have not executed a registered Release/Registered so far and the siblings have only given NOC, then your mother, at best, can execute a Gift Deed or can WILL her 1/5th share in the property to anyone, including her son. If all the siblings have not relinquished their share in favour of their mother, then she cannot give 3/4th share to her son, as her share over the property is restricted to only 20% on par with her other legal heirs.

4.  All 3 daughters' have equal rights over their late father's property who died intestate.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

- As per Hindu Succession Act, all the legal heirs are the beneficial owner of the property , a nominee even cannot dispose the property or assets of his own benefit. 

- Hence, you mother has no right to transfer all your fathers property as per her wish. She can transfer her share only to anyone .

- Further, a daughter has her right over the property ,just equal to the son of the deceased.

- You five persons have equal share in the property i.e.1/5 th share of the property.

- If, your mother is not agree to share the property as per law, then you should take legal actions against her.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

All the daughter's have share in the properties left behind by father, as that of son and mother.

Thus, property should be divided into 5 equal parts, 3 par each for the daughters and one each for the mother and son. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Ifthe property was in your father's name she cannot transfer the property in her name. That is illegal. The property belongs to all of your and your mother. It would be equally divided.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1.  IF the property was self-acquired by Father, THEN on demise of Father (means husband), the property rights are EQUALLY vested with all the legal heirs of deceased Father,  AND mother alone is not entitled to the entire property.

2.  Under hindu laws, mother is NOT entitled to claim 100% ownership of her Husband, and said property of deceased shall be equally distributed amongst the residual legal heirs.

3.  IF there is no amicable settlement, THEN the only remaining legal solution is to file civil suit in the local civil court, for the share ratio of the deceased's property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No as all of you are legal heirs and has equal share in the father's property. Everyone has 1/5th share in the property. Here mother can give her 1/5th share to son as per her wish and not others.

 

So rest of 3 daughters has 1/5th share each in the property. As per the Indian Succession Act. Class I heirs list.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

Mother can execute will of only her one fifth share in property 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

As per law only her 1/5th share she can transfer on any one's name and not whole property.

 

You can challenge her in the court and previous that you can send her a legal notice to them in which all sharing ratio will be mentioned in it as per law.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

1. If all siblings have executed a registered Release Deed relinquishing their entitled share in favour of your mother, then only she can make a WILL on your brother or his minor daughters, for the entire property.

2. If, in case, all siblings have not executed a registered Release Deed ,then your mother can make a WILL on your brother or his minor daughters, to the extent of her entitled share in the property. Inspite of this if your mother executes a WILL for the entire property, then the WILL will not have legal sanctity and can be challenged in a court of law.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

Since she is not the absolute owner of entire property so she cannot execute a Will, even if she executes it has no value in law. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Your mother has a 1/5th share in the property, hence she can bequeath it through a will in favour of anyone.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

See such transfer and will shall not be valid as mother is not absolute owner you have to file the suit and contest it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

After death of your father all of you become equal share holders of properties left behind by him.

Your mother cannot make WILL.

The WILL does not give legal right, as she has no right, title in the property.

You can give notice to mother seeking partition of the property left behind by your father, if denied, follow it up by filing suit for partition of property and divide it into five equal parts (your mother & four children)

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

Yes, she can make a Will or gift to anybody.

It is better to file  partition suit in civil court and get injunction order immediately against your mother restraining her to sell the properties.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

She can bequeath only her share and WILL is effective after death.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

daughter can claim share in father's property . You have to file a suit for separation of property as per succession act. you will get share in all the properties. If the property is on mother's name and she is not willing to give any share then you have to prove that it was purchased by your father.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per law, she can give her share only to any person. 

No, she has no legal right to transfer your share to anyone against your consent.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes your mother can execute the will but that will only be to the effect of her own share and not to the share of any of the daughter or son..as she is not competent to relinquish the share of anyone except her own

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

Yes if the property is currently on name of your mother she have right to distribute property as she wants.

She can make will regarding distribution of property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The mother cannot make will for all the property she can make it for her share only

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The property does not belong to her only. Therefore she cannot male a will and even if she does it would never be valid.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The properties left behind by your deceased father who is reported to have died intestate, shall devolve equally on all his legal heirs/successors in interest.

Thus the property can be divided into five equal parts and each one is entitled to one such share.

The daughters have equal rights in the properties left behind by their father.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Your mother is entitled to one fifth share in the property, hence she can bequeath her 1/5th share in the property to anyone of her choice and not the entire property.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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