• Property inheritance rights

Hi, my father before his death has transferred his ancestral property to my mother's name. All the land registrations are on her name. I am the only son and have two sisters. My mother has not written any will so far. Can my sisters acquire whole of the properties on my mother's sudden demise? As a sole son with two kids lose inheritance rights on her sudden death?
Asked 4 years ago in Property Law
Religion: Hindu

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31 Answers

1) on mother demise her share in property would devolve on son and daughters equally 

 

2) you don’t lose your inheritance rights 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If it's an unfortunate sudden demise then the property left behind by your mother shall devolve equally on all her own legal heirs,  I.e., you and your siblings. 

Nobody can deny your rights for an equal share in the property. 

If they don't accept your rights then you can establish the same through court of law. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If it was an ancestral property then how could he have transferred it to his wife ie your mother without the consent of the other coparceners??

That transfer itself is illegal.

As farvas your question is concerned after your mother all 3 would get a share unless she transfers it to them.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

2005 is not a cut off date in case of  death unless the partition happened before 2005.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. IF said property was "ancestral" in nature THEN Father CANNOT solely transfer ancestral property to Mother, since Son & Son's children have an inherent & perpetual legal right on such ancestral property and Son in no way can alienated or dispossessed of such ancestral property.

2. Mother not being the Title-Owner of such ancestral property (ancestral property loses its status, if duly settled or partitioned) CANNOT Sale /Transfer /Gift /Donate /Mortgage /whatever.... to anybody, including the sisters (daughters), who as it is do not have any rights on ancestral property.

Keep Smiling .... Hemant Agarwal
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Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Its has to be divided equally among the legal heirs it's not that only daughters are entitled daughters as well son both are entitled and based on the property the share can be divided amongst the legal heirs by way of partition !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Kindly clarify on what basis you say it is ancestral property 

 

property which has remained undivided for four generations is ancestral property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Once gift deed is executed duly stamped and registered mother would be absolute owner of property 

 

She does not need your consent to transfer property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. FIRSTLY clear the misconception that mother "ACQUIRED" the property, since ancestral property CANNOT be acquired or whatever, without conducting settlement /partition proceedings.

2. EVEN "IF" mother clandestinely transfers the property to Sisters, THEN too the transfer procedure would be legally null & void.  BUT to make it null & void, you would have to file a Civil Suit for Declaration in the district Civil Court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes.if the property is in her name she can transfer it to anybody.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Ancestral property can not be transferred without consent  of all coparcener.  In the given  case transfer is invalid. 

Where father  died before 9.9.2005, daughter shall have no rights to the property. 

Otherwise sons and daughters shall have equal right  to the property. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See on nitrate demise of your mother that is without will the property shall be equally distributed between all the children (legal heirs of mother ).  Though mother in her life can prepare a will for same .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See in case father transferred complete property to mother in his life you cannot stake claim on same otherwise you have right over same also the nature of transfer and property has to be seen.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes mother can gift or will or transfer complete property without your consent.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If it were to be ancestral property (as per your narration), then your mother cannot transfer the entire property to anyone, but can only transfer her share only.

2. On the intestate demise of your mother, her share in the property would devolve equally to you and to your 2 sisters.

3. You and your 2 sisters will not lose inheritance rights over the ancestral property, irrespective of the date of death of your father.

4. If your 2 sisters execute a registered Release Deed in your favour, by relinquishing their rights over the property, then you can become the absolute owner of the entire property.

5. Your mother, at best, can transfer her share in the property in favour of your sisters, without your consent.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. you first need to check in which year your father transferred the property to your mother

2. were you a major at that time?

3. if you have not challenged that transfer to your mother within 3 years of the date of transfer that means you have accepted that transfer and now cannot lay any challenge to it

4. assuming the property vested in your mother as there was no challenge by you as a coparcenor, then, even on demise of your mother, you will still have a claim over the property since u/s15 of Hindu Succession Act, you are one of the legal heirs of your mother apart from your 2 sisters

5. so even otherwise you have a 1/3rd undivided share in the property. If that is so then your sisters cannot acquire the whole property on your mother's demise 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

6. as to the date of death of your father, and the benefit of coparcenorship to daughters, there are conflicting Supreme Court judgments and the matter is pending before a bigger bench. So until the judgment in that reference is passed the confusion will continue

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

The property acquired by your father through a partition deed among his siblings, loses it ancestral status, it then becomes his own and absolute property. 

Your grandfather's property or his own grandfather's property will not become ancestral property in the hands of your father, hence no coparcenary rights can be claimed by his wards in such property.

Unless he do not have marketable title to the property, he cannot transfer the property to anyone including your mother, hence it is deemed that this property was his own and absolute property hence he could transfer the same to yor mother's name by a registered deed.

After such transfer, it becomes your mother's own and absolute proeprty hence upon your mother's intestate death, the property shall devolve equally on her own class I legal heirs consisting of her children. 

Therefore, just because you are her only son, her daughters cannot be ignored or deprived of their rights in the property left behind by your deceased mother.

They are entitled to their equal share in the property as a right hence you may better talk to them, arrive at an amicable solution, get a registered release deed executed relinquishing their rights in the property in return to any consideration amount passed on to them. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Since this property now belongs to your mother and as she is having clear and marketable title in the property, she can very well transfer the proeprty to your sisters alone also or she can even alienate or sell the property to any third person for which she need not take the permission or consent from any of her children.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

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.

Section 15 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(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.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. All the children of your late mother including you shall equally inherit her property after her demise intestate.

 

2. You can file a partition suit claiming your share of the said property if your sisters refuse to give your share to yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You have misunderstood the amendment of the Succession Act made in the year 2005.

 

2. Daughters will get equal share of their parent's properties after their demise.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Your mother had held the property in her name as per law.

 

2. She had all the rights to do whatever she wished to with her said property for which she required no consent from you for conveying the title of her said property in favour of your two sisters.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

If the property was ancestral, then the transfer of property by your father without the consent of other family members is invalid.

any property which is undivided for the last four generations is considered as ancestral as per law.

Your sister cannot acquire full property as all the legal heirs would have equal share in the ancestral property.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If the property is ancestral as per law, then your mother cannot transfer it to any other person as the transfer of property by your father itself is void.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

your mother can transfer through gift deed without your consent. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If your mother dies intestate then her properties will devolve through intestate succession on all her children equally. So your sisters will not inherit the entire properties of your mother unless your mother bequeaths all her properties to them.

2. 2005 amendment is not applicable to the facts of your case.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your mother does not require your consent to transfer her properties to your sisters.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

On demise of your mother, the property which fell to her will devolve upon you alongwith your two sisters.

You will not lose inheritance rights on her sudden death.

Your father's death before 5.9.2005 does not effect your case.

No she cannot do so.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

 No you will also have equal right in the said property

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

No they cannot acquire property of your mother if she dies intestate.

You all have equal rights over the property of your mother. 

Yes your mother can write property to your sister name without your consent.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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