The property purchased on your name its yours property and no one else has any share in it.
for remaining all properties including slef owned and ancestral property your mother and sisiter has share in the property.
Release deed to elder daughter but maintenance by younger son
My father died in 2014 and gave birth to two children and by self earning he purchased three acres of land in his own name , two apartments purchased in the name of major son (19 years)and owns ancestral property three acres .I have one sister and me both got married.case filed by my sister after her marriage getting all seedhanas and many.sister filed a civil case against by my mother and me requesting share in the 1/3 share in property owned by my father and two apartments owned by me .during the case preceedings she took my mother and got a release deed for mothers share. My question is who is entitled to give maintenance to mother since mother transferred her property rights to daughter 2.do sister or mother have rights in two apartments owned by me which is purchase by my father in my own name at the age 19
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
1. Subject to satisfaction of the judge based on legal position. Your sister has received the property. So it is doubtful whether you have to maintain or your sister.
2.As it is in your name they cannot claim.
Regards
G.Rajaganapathy
8
Property details 1.three acres land of self earned property by my father in his name 2. Another three acres of land in my father name by my ancestral property 3.two apartments in my name ( younger son) Questions is how the property is distributed to my mother and sister 2.do my mother and sister have right my property ( two apartments)
Asked 4 years ago
Mother and sister has share in the Ancestral property and self owned by father.
Two apartment in your name they do not have any share in it.
1. If at the time of death of your father, he has not left any Will then all her legal heirs i.e. his widow and 2 children will inherit his property including his ancestral property in undivided 1/3rd share .
2. S your sister has indeed got undivided equal share in the property along with your mother mother and you.
3. So to avoid litigation make a deed of partition on amicable terms. otherwise the court would pass the necessary decree.
Sister and mother can claim equal share in flat purchased in your name
you had no source of income and father ad purchased flat in your name for benefit of joint family
Sister and mother have share in property purchased in a your name
in respect of property stoning in your father name on his demise your mother , sister have equal share in property
1. IF Father died without executing any WILL, THEN all his residual legal heirs (including yourself) are entitled to EQUAL share of property that stood in Father's name, on date of his death.
2. By virtue of above, NOBODY is entitled to legally claim ANY share in the two property that stands in your name, without any further legal references.
You alongwiht your mother and sister have equal share i.e., 1/3rd each in the property left by your father.
Two apartments, were purchased by your father through his funds, during which time, you did not have source of finance, as such, in the same also 1/3rd share each.
Settle the issue amicably, instead of protracting the matter by going to court of law.
Each of you is entitled to 1/3 share in the properties left by your father including two apartments.
she can claim maintenance only if she is a widow.
Married daughters are also liable to pay maintenanc to parents if they are solely dependant on her.
They don't have share in apartments.
The property purchased by a registered deed on your name shall be your own and absolute property, in this neither yor mother nor your sister can claim any share in it as a right.
In the other properties, they both have equal rights for their legitimate shares.
If your mother has relinquished her rights in the property then it shall be on jointly other legal heirs or shareholders only, it cannot be relinquished on a single shareholder.
Therefore the property can be divided into two shares with one share each to you and to your sister.
The maintenance of your mother by her children is a different subject to that of her relinquishment of her rights in the property.
You both shall be liable to take care of your mother.
The properties left behind by your deceased father i.e., which are lying on his name shall be divided into three equal shares among you three.
However the apartments that were bought on your name shall be your own and absolute property.
Nobody can claim any rights over the properties lying on your name alone.
If it's your self acquired property mother can't claim it. She can at the most claim maintenance under 125 crpc against you
1. You both are entitled to provide maintenance to mother and it's your mothet choice from whom she claim maintenance for herself.
2. No they don't have any rights in apartments owned by you because your father purchased the apartment by his own will in your name.
3. Your mother and sister can claim their share in the agricultural property of father and ancestral properties of your father.
