• Ownership of property purchased in wife's name

My father purchased properties by his own exertion in the name of my mother through known source of income. Moreover, he transferred the some of the properties acquired after partition of joint family. That means the properties are totally acquired by my father but in the name of mother. So my mother is only the tittle holder. My mother died . Then who is the present owner ? If my father de jute, then can my father make a will for inheritance to someone ?

 Please answer me .
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

Even though the purchase money was paid by your father, your mother would still be considered as the owner

Your father never disputed the ownership of your mother

So after your mother's demise, the property will go to her legal heirs as per s. 15 of Hindu Succession Act

The husband and children are the legal heirs of a female Hindu

So your father has an undivided share in the properties 

If he has to make a Will then he can make a Will only for his undivided share which he inherited from his late wife

Yusuf Rampurawala
Advocate, Mumbai
7536 Answers
79 Consultations

5.0 on 5.0

- After the death of your mother , this property would be devolved upon her legal heirs , i.e. your father , you and other siblings if any equally.

- Further, without getting a release deed from his children , your father cannot make a WILL for the entire property even he had invested his fund for the purchase of the said property in the name of your mother , but can make limited to his share only. 

Mohammed Shahzad
Advocate, Delhi
13338 Answers
199 Consultations

5.0 on 5.0

1.  On the intestate death of your mother, the entitlement to the share in the property devolves equally to your father and his children. 

2.  Your father can execute a WILL bequeathing his entitled share in the property to anyone, including his children.

3.  However, if your father executes a WILL for the entire property, then it's not legal.

Shashidhar S. Sastry
Advocate, Bangalore
5147 Answers
314 Consultations

5.0 on 5.0

Merely purchase in the name of mother dose not make her owner. Actual owner is father who contributed in purchase. Father can bequeath the property as per his choice.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. IF Father can prove with documentary evidence, THAT Father  purchased the property in name of Mother, with his own Self-Acquired Funds, that you will be classified as "Ostensible Owner" under the parameters of Section 41 of "Transfer of Property Act" and you derive absolute authority to Use /Sell /Gift /Donate /Transfer /Mortgage /whatever ....

2. However in order to legally activate your right for above purposes, you will need to file a local Civil Court proceedings, citing the above and transfer of property in your name, by following due procedures of law. A local Property Lawyer will be able to help you achieve this.

3. TILL above is conducted, Mother shall remain Title-Owner of the property for all legal purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

On mother demise property would devolve on your father , you and your siblings equally 

 

father can execute will for his share in property 


In alternative father has to file declaratory suit that he is absolute owner of property as full consideration has been paid by him 

Ajay Sethi
Advocate, Mumbai
94908 Answers
7570 Consultations

5.0 on 5.0

The property even though funded by your father for its purchase or contributed for it, since it has ben bought by a registered deed on your mother's name, it becomes her own and absolute property.

Upon your mother's intestate death the property shall devolve equally on all her legal heirs consisting her husband and children.

Therefore your father can transfer only his share in the property to the beneficiary by a Will and not the entire property.

 

 

T Kalaiselvan
Advocate, Vellore
85107 Answers
2215 Consultations

5.0 on 5.0

Here your father and children are equal legal heirs of your mother's property as per Hindu Succession Act

Yes, your father can make a WILL to someone of his inherited share in his wife's property and not towards children share.

Do get the succession certificate from court and apply for partition or settlement deed for all individual sharing ratio.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

Actually the mother will only be the owner and after the death of mother all her legal heirs will enjoy it. Your fathers needs to file a suit before civil court to prove that the said property was only purchased in her name and father paid entire consideration for the same through known source. If no one objects from your legal heirs then father doesn't have to file suit

Prashant Nayak
Advocate, Mumbai
32054 Answers
183 Consultations

4.1 on 5.0

1. No. The said properties of your deceased mother will be equally inherited by all the children of your mother and also your father.

 

2. Your father can execute a will bequeathing his undivided share of the property of your deceased mother.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

Dear Client,

If the your mother has died and property is in her name then property will be divided between all the children of your mother.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

The property belongs to her children. If she has died intestate ie without any will.


The property was purchased by your father but in your mother's name hence she is the sole owner of the property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. All legal heirs of your mother can claim share from properties owned by your mother and it doesnt matter that property was purchased by your father. 

2. If your father wants to claim the ownership of properties then he need to file declaratory suit to claim ownership of property or all legal heirs can execute a settlement deed in favour of your father.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

A female dying intestate leaving behind property, her husband and children will be entitled to share in the property.

Yes, your father can bequeath his share by way of Will to whomever he likes.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Your father needs to get those properties transferred to his name first.

Than he can make WILL regarding the properties 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since your mother died intestate then as per Section 10 of Hindu Succession Act, the property will devolve to all her legal heirs  daugthers, son, husband equally 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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