Hello, I have some inquiries related to a property that is registered in my mother's name. The property was acquired by my father using his earnings from working in the Gulf. Currently, I am also working in the Gulf and have invested around 30-40% of the property's total value. Our family consists of three children: I am the second child, with an elder sister and a younger brother. We are Keralites settled in Cochin. Below are my queries: 1. **Property Ownership and Distribution:** - Can my mother, under any circumstances, sell the property or make decisions regarding the distribution of shares among the three children, whether after my father's passing or at any other time? 2. **Distribution of Shares:** - What might be the likely percentage distribution among the three children? My sister has already received an amount for her marriage (which I understand cannot be factored in), and she has also received support for building her own home. 3. **Property Investment and Loan Repayment:** - In light of my investment in the property (approximately 30-40% of the total property value) and my contributions towards repaying the property loan, is there a legal foundation to recognize and acknowledge my investments and contributions? 4. **Father's Contributions:** - Furthermore, my father had contributed a percentage of funds to my brother to establish a business overseas, which unfortunately turned out to be unsuccessful due to my brother's irresponsible actions. I am inclined against including my brother in the property's share due to his history of irresponsible activities that have resulted in losses for my father. However, it's worth noting that my mother is supportive of my sister and brother, given their lack of success in life. Thank you for your assistance.
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You can file suit for partition to claim share in property as bought on mother name for welfare of joint family
2) seek injunction restraining sale of property by mother
3) sister will have e equal share in property.merely because money was given to her fir building home during lifetime by father would not deprive her of equal share in property
4) your brother will also have equal share .it is immaterial father contributed to his business during his lifetime
I guess, I missed some areas/didn't understand. So will I benefit additional %? or the % would remain the same. So my mother can decide to sell under any circumstances. If I have a power of attorney, would that help me in stopping the Sale of the property? T
You have to file suit to claim your share in property
2) seek stay order restraining sale of property by mother
3) if you have contributed 40 per cent and are able to prove them you can claim additional share in property
1. The property is reported to have been purchased in the name of your mother hence she will be considered as the absolute owner of the property, therefore legally she can distribute the property in any manner to her children or even can sell the property without the consent of anyone. Please note that Muslims do not follow or recognise the joint family system in matters of inheritance, hence even though your father funded for the purchase of the property and you might have invested in the property development, it cannot be treated as benami transaction hence any attempt to get the property through a partition or invoking any provision of law through court, may not fetch you the desired result.
2. Since this is your mother's own and absolute property, it is her own decision to allot any share and in any ratio to her children, she cannot be compelled to distribute the property as per your wish or even through court of law.
3. Until and unless there is any agreement in writing between you and your mother towards the reported investment, you cannot claim anything in it as a right, however based on the evidence for your investment, you can ask your mother either to allot a share in the property or to return your invested amount, though this may not be legally enforceable.
4. Your father's contribution to your brother's business development has nothing to with this property.
Please note that Muslims do not follow or recognise the joint family system in matters of inheritance, hence even though your father funded for the purchase of the property and you might have invested in the property development, you cannot claim any share in the property as a right because the property is lying on your mother's name.
You cannot force your mother to allot you a substantial share in the property against her willingness.
If she decides to give more share to your sister and your brother you cannot legally stop from doing so, your injunction application to restrain her also may not be maintainable.
If she is giving a power of attorney in your favor then you can immediately transfer the property to your wife's name or any other close relative or confident person, because if your mother revokes the power of attorney deed then you cannot do anything about it.
Dear Client,
Property Ownership and Distribution:
Your mother, as the registered owner of the property, generally has the legal right to sell or make decisions about the property.
Distribution of Shares:
Typically, in cases of inheritance, assets might be divided equally among the children.
Property Investment and Loan Repayment:
If you have made significant financial contributions to the property's value and loan repayment, you might have a legal basis to claim a share of the property. It's important to have documented evidence of your contributions, such as receipts, bank transfers, or any agreements made within the family
Father's Contributions:
Contributions your father made to your brother's business might not directly impact the distribution of the property, especially if your brother's business is separate from the property ownership issue.
Regarding your inclination to exclude your brother from the property's share, family dynamics and past actions can complicate these matters. Ultimately, decisions about property distribution might be influenced by both legal considerations and family dynamics.
Yes you can file the suit snd seek injunction on basis of your poa
1. Since, that property is registered in your mothers name, then she can sell the property without taking your consent , and also can distribute the same as per her own wish.
2. As per Muslim Law, the property will be distributed equally to your three , but the share of your sister will be half of the son
- Further, if there is not proof of payment made to her for building her home , then her share will be intact and she may ask for the same .
3. You can seek your share as per your investment in the property
4. This depend upon the evidences of investment made by your father.
- If mother denied to give you reasonable share , then you can file a suit before the court
Hai thanks to everyone who has replied to me. I have another question; If the property want to be registered in my name (from my mother's name)? Will the registration fees remain the same as normal? Or what would be exactly the procedure?
Stamp duty charges are nominal if gift deed executed by mother in name of son
registration charges are also nominal
If your mother would like to transfer her property to your name by a registered deed, then she would be liable to pay the stamp duty as applicable to the nature of the transfer at the prevailing rates
It will be slightly less than the standard fee applicable in general being blood relative transfers
- The registration fees is not same , and it will be maximum 2% of the property value if gift deed registered in the name of blood related.