It is not ancestral property and your consent is not necessary for taking any decisions
2) not necessary that you should get a share
3) mother is absolute owner of property and can execute gift deed in favour of her sons
Property rights on maternal inherited property
My mother has inherited the property after the division from her father's side. I am the eldest sister and I have two younger brothers. There are two big pieces of land that my mother inherited. Now, on one of the big pieces of land, my father (with the consent of my mother) wants to give it out to a builder to construct an apartment and they will take a share of it. Now, the problem is that all this planning and dealing is being done only between my father and brothers without involving me in the pretext of me being a daughter. Also, my father and mother want to share the initial amount that will be received from the builder among my two brothers. They also have said that I will not have any share in one of the land too. Although, there has been a verbal promise that I will be some flats in the newly constructed apartment. Now, these are my questions: 1. Can my father and brothers take any decision without my consent 2. Can they distribute the money that comes out of this just among themselves without sharing it with me? 3. Can my mother just transfer the property to my brothers without my consent? Please mind this property has been inherited by my mother from her father.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
1. No
2. No legally they can't
3. No all the above things legally cant be done
1. The property inherited by your mother becomes her own and absolute property.
She is the only person having an authority over the property and she can decide whom to give and who can be denied the share in her property.
You cannot challenge her decision.
Your father and your brothers are acting at her behest, therefore there is no legal infirmity in this.
2. Ultimately it is your mother's property and income from the property also belong to her, she can decide about the distribution of the same to anyone of her choice.
You cannot demand any share in it as a right.
3. Your consent is not at all necessary because it becomes your mother's own and absolute property even though she inherited the same from her father or anyone.
You can make a request but cannot demand it as a right.
Dear client,
1) no
2) no, you also have a right in it
3) you are a legal heir so you can also claim it.
Thank you
1. As your mother had inherited her share after division, that property became her absolute and exclusive one. She may legally deal with it in any manner she deems fit without anybody's consent.
2. Yes, but your mother's free consent is needed.
3. Yes, your mother may do so. It is not ancestral in nature as she obtained her share through a partition, as you have said.
1. Since said property was received by your mother by way of division , then after getting this property it will considered as self acquired property , and you mother is free to give that property to any one without getting the consent of others during her life time , and your father having no right over that property.
2. Yes , but your mother is having right only and none of your father or brother
3. Yes,
