The property was purchased by your father in the name of your mother. Now she is the owner after him. Therefore she can dispose of the property as per her wishes. She is the sole owner of the property. This is the law. If your father had purchased certain property through GPA then that property cannot be claimed by your mother. That property has ro be divided amongst all the heirs.
Property purchased by father in the name of mothers
Property purchased by father in the name of mother from the starting And property purchases by GPA in 1985 Father death October 2005 can mother give all the property to one daughter out of 5 daughters Further mother don’t have any sources of income Mother have only 5 daughters and all 5 daughters got married Please advice correct information by sections and case law
Asked 5 years ago in Civil Law
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22 Answers
Wife is house wife and she don't have any income
Asked 5 years ago
Sir can I talk now
Asked 5 years ago
Your mother is sole owner only your father can was able to prove that she was house wife. And no matter who has given money but your mother is original owner and as of now she has POA.
Yeah sure.
You can file suit for partition to claim your one sixth share in property
2) take the plea that property bought in mother name for benefit of joint family
3) that mother had no source of income
4) seek injunction restraining sale or creation of third party rights of property by mother
Act as mentioned herein above
You can seek phone consultation with any lawyer from this website
If it's mothers self acquired property you can't do anything.you can file a suit in civil court stating that the said finances are his and transfered in his jane for name sake
The Supreme Court on Tuesday, 11 August, held that a daughter will have equal rights over the property of her father in a Hindu Undivided Family (HUF), as guaranteed by the Hindu Succession (Amendment) Act, 2005, irrespective of whether she or her father were alive at the time of that landmark amendment.
Holding that a daughter’s right over her father’s property is absolute, a three-judge bench headed by Justice Arun Mishra held that:
Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not.”
Why is the life-status of father important?
This simply means that even if the father of a woman in a Hindu Undivided Family had passed away prior to the amendment in 2005, she would still be entitled to an equal share of her father’s property.
There had been conflicting judgments from the courts as to whether the 2005 amendment applied even in cases where the father had died prior to its coming into force on 9 September 2005. This new judgment puts to rest the conflict, and clarifies that it applies in all cases.
This also means that the law applies in retrospect to all daughters before the 2005 amendment, who by birth birth would become equal share holders.
What happens if the daughter died prior to the amendment?
Even if the daughter had died before the amendment, she would be the rightful claimant to the property of her father in a Hindu Undivided Family. In this specific case, the children of the daughter would be the entitled to the property.
What is the effect of the 2005 Amendment?
Under the old law of Hindu succession, daughters did not have rights in the family property of their fathers, and could only inherit property from their husbands’ side. These gender-discriminatory rules continued into the Hindu Succession Act 1956, which codified the Hindu personal law on inheritance.
Prior to 2005, there were several amendments to the Hindu Succession Act to give inheritance rights to women, but even after these, daughters did not have equal rights as sons.
The 2005 amendment finally brought daughters at par with sons, by holding that the daughter of a coparcener (ie, someone who has a right to ancestral property), would become a coparcener in her own right, just like a son, and have the same rights in the ancestral property of an HUF as a son.
Two other gender-discriminatory aspects of Hindu inheritance law were also repealed by the 2005 amendment:
- Section 23 of the Hindu Succession Act, which prevented female heirs from asking for partition of the ancestral property unless the male heirs had agreed to do so – now they can also get a partition done even if the other heirs don’t want it.
- Section 24 of the Hindu Succession Act, which stopped a widow from inheriting her husband’s property if she remarried.
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You have not mentioned your religion.
My answer is as per Hindu religion and Succession which is as follows:-
1- Father died intestate. All daughters and wife are entitled to get their share as per section 6 and Hindu Succession Act 1956 and ruling of Supreme Court of India held by Justice Arun Mishra and his companion Judges of the Supreme Court of India.
2- Mother has no rights to transfer property to one daughter barring other four as per your facts of the case.
Please challenge it and file Partition Suit involving all your sister and mother as necessary party and get entire property divided equally amongst all of you as per Hindu Succession Act 1956 as amendment 2006 and Apex Court ruling dated 11th August 2020.
Please move immediately.
If mother had no source of income and the properties were purchased by your father's money only then you can file a suit for partition and injunction.
However to get success of such suit you need to prove that those properties were purchased by your father.
Yes mother can give property to one daughter as per her wish.
For talking you need to take phone consultation
Dear Sir/Madam,
You are suggested to file the suit under maintenance of senior citizen act against the daughters for maintenance of the mother and the gift deed to one of the daughters can be cancelled under this act. The daughters owe the duty of maintenance of mother.
All have eqaul share I.e.1/6th each. Merely purchase in the name of mother dose not make her owen. She can give only her 1/6share.
Aa per inheritance law, all daughters and mother have inherited father self acquired property eqaully.
1. You can file suit for partition of property on ground that property was purchased by father on name of his wife and she doesn't have any source of income.
2. Claim for cancellation of gift deed and partition of property among all legal heirs of your father.
First of all the GPA deed is not a title deed.
Your mother was just a power agent to the principal even though your father paid the sale consideration amount.
In the absence of registered sale deed on your name she cannot be considered as an absolute owner of the property.
Therefore if your mother had transferred the entire property in favor of only one daughter by a registered deed, it is a legally valid act to which nobody can object except the principal or the executor of the power deed.
Therefore any claim made by other daughters in this regard is not maintainable.
Whether she had any income or not, she was just a GPA ho9lder hence in that capacity she transferred the property therefore it is legally valid.
You can talk to any advocate of this forum by booking a 15 minutes consultation.
If the property exists as on 20th Dec,2004 as it was previously then all the daughters have the equal share, so your mother has can't do this illegal act.
As per your statement your father purchased the property and hence it is not the self acquired property of your mother and hence it has to be divided among the family members provided it you can prove it through evidence .
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
- Since, the said property was purchased in the name of your mother with the fund of your father , and further she not having any source of income , then legally she cannot given all property to one daughter , and all the legal heirs of father having right over the same.
- This property will be consider as joint family property .
- If she is doing this , then you can send her a legal notice and ask for your 1/5th share in the property .
- On refusal , you and all other claimant can file a suit for partition before the court.
