Our family "house' in Gujarat is one quarter of a building on an ancestral agricultural field (kheti). The kheti and house is divided into four - my father and his three brothers. My father has passed away, and our mother's name as well as my and my five siblings' names are now on the official land ownership records for our quarter of the land and house. Can our mother side-step this and leave the house and land to just one of my siblings? Thank you.
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1. No. Your mother can't transfer the entire land to one of your siblings, as she has only 1/6th share in the land. At best, she can only transfer her share of 1/6th to anyone of your siblings.
2. If she goes ahead and tries to transfer the entire property to only one of the siblings, leaving others, you can bring Injunction Order from the jurisdictional Court to stop her from doing it.
Clarification - I know she cannot leave the whole kethi to anyone. I am only asking about the quarter of the building and the quarter of the kethi that was in my father's name
Your mother can execute will for her share of land and house in favour of one of her children
On father demise his share devolved on your mother and 6 children
mother can execute will for her share in favour of any children
After your father's death, his one-fourth share devolved on your mother and you the five siblings equally, with each entitled to one-sixth undivided share. If all the others consent to forgo their respective undivided shares in favour of one sibling, the remaining five of you have to execute and register a deed of relinquishment.
She has rights to give her share and not whole property because the whole ancestral property will get divide into mother and her children i e. Five children.
Law passed the property after her husband to on wife name and others. This others means her all children.
So you will have 1/6th share in the ancestral property.
If your father had died intestate (without executing a WILL), then in the kethi and house allocated to your father (quarter) can't be given away by your mother to only one of your siblings, as she is entitled to 1/7th share in it. At best she can give her entitled share of 1/7th (within your deceased father's quarter kethi and house) to any of your siblings. Your mother can't usurp share of her other children and give it to only one of your siblings unilaterally.
- Since, the said property is in the name of your deceased father , then after his demise his share in the property would be devolved upon all his legal heirs equally.
- However, any on the legal heirs can release his respective share in favor of one , after executing a registered Relinquishment deed.
- Hence, your mother or other legal heirs can release their respective 1/5th share in the name of one of the heirs after executing a registered Relinquishment deed to make him single owner of the property.
Hello,
You can ask the same if not given approach court
Dear client if all your siblings relinquish that right on the incisted property then your mother can give it to one of the sibling
The share of your father after his death shall devolve equally on all his legal heirs namely his wife, children and mother (if alive).
Your mother can transfer her share out of your father's share in the property to the person of her choice and not your father's entire share of property
You were explained the law that your mother cannot transfer the entire share of your father to one of the legal heirs, she is entitled to only one sixth share out of your father's share in the property, which she can transfer it to anyone of her choice