• Partition of property

Hello sir,
I am from a Hindu family. my father died on 05 may 2004 and he purchased a plot in the name of my mother . Since he is dead now and my mother is alive can she decide whom to give that plot or my sister has equal share in it. And my father had a self acquired house also which was built by joint income of my parents i.e my mother and father and is now transferred in the name of my mother . Can she decide on it also whom to give.
Asked 5 years ago in Property Law
Religion: Hindu

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24 Answers

The property in the name of your mother belongs to her and she has complete control over it. She can decide how to dispose it. So the answer is yes.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It belongs to your mother. Now she may give it to anybody she wants.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the said property is exclusively taken in your moms name then it will be her self acquired property. Then she can decide whom to give the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Property was purchased in mother name for benefit of joint family 

 

sister can claim equal share in property 

 

3) on father name property standing in joint names of father and mother his share would devolve on your mother , you and your sister equally 

 

4) mother can bequeath her share in property to whom soever she pleases 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes,Definitely she is absolutely correct to hold ownership upon both the property under 8,9 ,15 and 16 of  Hindu Succession Act 1956.

She has every right to WILL or Gift it to anyone as per her choice.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

if your mother is owner of the property, then she can distribute the property as per her wish.

your sister cannot claim the property as her right,

your mother is the exclusive owner of the property 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Yes, she can make a will or give it to the person of her choice.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes, the property standing in the name of your mother is considered to be her exclusive property and therefore she is free to transfer it to anyone she so chooses.

However if it's your father who provided all the consideration amount then your mother would be considered as Benami owner for which you can file a suit under Benami Transaction Act. Once the property is declared Benami by court you have undivided equal share in the property along with your mother and siblings. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your mother can deal with the property in any manner whatsoever during her life time. She can lease, sell, gift, mortgage the property and can also execute a Will.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Dear Querist

as your father purchased the property in the name of your mother hence your mother is the absolute owner of that property and she has all rights to dispose of her property as per her own choice and wish.

 

Regarding the self acquired-property of your father you and your other siblings are equal rights and the transfer without your consent is not valid.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1.IF it can be proved by documentary evidence that Father purchased the property with his own funds in name of his wife. THEN all such properties of Father can be claimed EQUALLY by "ALL" the residual Legal Heirs provided father died intestate (without making a WILL document).

2. By virtue of above, Mother CANNOT claim full ownership of such properties and other properties which had father's name on the documents.

3. Mere transfer of property in Mother's name, without Title Deeds is legally infructuous and will never have Clear Title status, for all futuristic legal purposes (Sale /Gift /Will /Donate /Mortgage /whatever....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Since, the said property is in name of your mother , then this property would be considered as her self acquired property , and hence she having right to transfer the same as per he own wish to anyone , and none can claim over the same. 

- If she wanted to transfer the same to you , then other persons including your sister cannot challenge the same.

- Further, the house which is built from the income of parents but in the name of your father , then after his demise without a WILL , his said property would be devolved upon all the legal heirs i.e. mother , sister and you.

- Further , your mother cannot transfer this property as per her own wish , and your sister having right to get her share in this property legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

The property being self acquired in nature, the mother can very well decide as to whom she will give the property.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If both the properties are lying in your mother's name by registered deed then she becomes the absolute owner of the said properties. 

She can decide about the disposal of the properties as per will and wish. 

She can transfer the property to her daughter or even can sell the same to any third person outside the family without consulting or taking the consent of her children 

The children cannot claim any share in it as a right. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may consult a local advocate and discuss with advocate at length with regard to your father's self acquired property and it's development with the funds of family members. 

You may get some clue in that regard and also some solution to move on. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Purchasing property in the name of mother dose not make her owner. Your sister can claim 1/3rd share in the property and in jointly owned property, 1/3rd in father half portion

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear sir,

1. The plot which was purchased in the name of your mother is her absolute property now and she can decide whom to gift, sell or will it.

2. In respect of the other property which originally stood in your father's name and now stands in your father name, you need to provide the copy of documents to the lawyer in order to get an accurate opinion. Most likely your sister and you have a right in it. The exact share and other details can be ascertained after looking into the documents. If you wish, you may contact me or any other lawyer through Kaanoon portal for this purpose.   

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You're unlucky because Supreme Court just has passed an order in which it is observed that if father died before amendment in Hindu Succession Act in 2005, the share of Daughter must be allotted irrespective of the father's death.

 

 

Now you have no option but to share with your sister, if she claims. 

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

Any property in the name of a woman or in possession of a woman is her absolute property in accordance to section 14 of Hindu succession act and the woman is free to dispose of the property in whatsoever manner she may so desire.

The mother is free to give the property to any person(not necessarily the children) by way of registered Gift/Sale Deed during her life time or make a WILL to any person.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes your mother can take decisions about all the properties 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If the properties are self acquired properties of your parents they can deal with the same according to their wish.

Your mother can decide it according to her choice

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Your mother can decide about the disposal of the plot because it is owned solely by her.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Your mother is the owner of plot as sale deed is executed in her favour.

2. She is at liberty to alienate/bequeath it to anyone she desires during her lifetime.

3. The self acquired house of your father which was transferred to your mother is also at par with self acquired property of your mother, hence she has the right to alienate it at her sweet will.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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