See if the property is in name of father brother can seek share from same mother can give vide will or gift her share to you though cannot transfer complete property.
In case house in name if mother she can freely transfer it.
Self-acquired property: can my mother transfer/gift/register to only one son out of two
Hello Sir/Madam, My father has demised in Nov 2019 my mother is alive but suffering from cancer. My only brother do not take care of my mother. My father had purchased land and constructed a house on it (i am assuming this will be considered as Self-acquired property). Mother wants to give that property to me. Is this legal to do? Or my brother can challenge it after registration? Thanks, Rahul.
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
Your mother is not an authority over the property now proposed to transfer to you.
It is your deceased father's property which shall devolve equally on his legal heirs upon his intestate death.
Therefore your mother can transfer only her one third share in your favor and not the entire property, your brother is also entitled to one third share ion the property.
You cannot deny his rights in the property.
Yes it's legal. Your brother can't take any legal action
On father demise your mother has only one third share in property
2) she cannot transfer entire property in your name
3) at most she can execute gift deed for her one third share in property
1. It is self acquired property of your father. If he passed away intestate then on his demise it devolved through intestate succession on his widow and all children equally.
2. Since the share of your mother is only 1/3rd she can give only her share to you, not beyond it.
1. It's not clear in your question, as to whether your father died intestate or testate.
2. Assuming that your father died intestate (without executing a WILL), then the property would devolve equally to your mother, you and your brother in the form of 1/3rd share to each one of Class-1 legal heirs.
3. If Sl.No.2 is the situation, then your mother at best can give her share in the property, i.e.,1/3rd to you and your mother cannot give the 1/3rd share of your brother.
4. In case your mother tries to give your other brother's entitled share in the property to you, it will not be legal and your other brother can challenge the same legally in a competent court.
It is a self acquired property. It will devolve upon equally to all of you, your brothers and mother, and sisters if any.
So your mother can give you only her share to the property.
1. IF it can be documentarily proved that Father has solely financed the property and reflected the same in his income tax returns, THEN legally it will be classified as his "Self Acquired Property".
2. IF Father died intestate (without executing any WILL), THEN "ALL" the residual Legal Heirs of the Father are entitled to EQUAL share ratio in the deceased Father's properties, which includes Mother, Wife, Children/s.
3. By virtue of above, Mother (not being the owner, but only a legal heir), CANNOT give such property via any Deed, to anybody.
No, you brother can't challenge it to give her share to you.
You all will be 3 legal heirs of the property and 1/3rd of her share she can give to any one. make a relinquish deed.
means you have 2/3rd share and you brother 1/3rd share.
Dear Sir,
In case the property inherited by the wife after the death of her husband is the self-acquired property of the husband, then the wife will have all the rights to dispose of such property as she may desire. However, if the property inherited by the wife is ancestral, she cannot transfer such property to a third person by way of will or any other deed, as there is a birthright of the descendants of the husband to inherit such property under the Hindu succession law.
It will devolve on wife's legal heirs under Section 15 of Hindu Succession Act unless she makes a bequest or otherwise alienates it during her lifetime. ... As it is on wife's name it becomes her self earned property and so no legal heirs can claim anything out of it.
she can execute gift deed only her share not entire property. .
If mother can walk than she can execute gift deed (stamp duty payable) of her 1/3rd share to you or through registered WILL (max. 1500 fees).
Will is effective after death. If registered than less chances to challenge it.
1. Mother cannot transfer the rights of self acquired property of father as she doesn't have any rights over property of father.
2. She can transfer her share to your name.
3. Yes your brother can challenge the transfer as he is legal heir of father he is equally entitled to get share from father's property.
Ans:
If you do valid registration as per the local laws applicable to your state then even if your brother challenges the said documents, at the stage of the evidence he would not have enough material to prove his case.
The property was your father's and he died and after him there are 3 shareholders. Your mother cannot deprive your brother of his share. If the property was in her name she could have done that.
