• How to approach legally?

I am 42 years old and working as a Government employee. I am the only son of my parents, but I have three eldest married sisters. My father was a retired Government employee. After completing my 10+2 education in 1990, I worked in different private organizations for five years. During that time I joined in a local chit and paid 2000 per month for the chit and accumulated one lakh.

In 1996, I purchased agriculture land of one acre with my one lakh amount on my mother's name in my mother's native place. The land was sold to us one of the village people which was inhereted from their forefathers. 

The passbook of the land is now on my mother's name and it has not been registered since 1996 and the land tax is being paid every year.

Recently my father died and I asked my mother to give the documents of the land but my mother is refusing to give and says that it is on her name and she divide the land into 4 parts i.e. three parts to my three sisters and one part to me.

But in my father's 'will' he clearly stated that the agriculture land was purchased with my son's own money so it belongs to him only (i.e. to me). He clearly mentioned in the 'will' that my mother is a house wife and uneducated, and he gave sufficient money to my three sisters at the time of their marriages. 

Now kindly suggest me, are there any chances of getting the entire one acre land through legally?
Asked 11 months ago in Property Law from Hanamkonda, Telangana
Religion: Hindu
1) you will have to file suit for declaration that you are the owner of said land as it was bought of your savings in mother name 

2) rely upon bank entries to show fund transfer in mother account 

3) mention mother is mere housewife and had no sources of income 

4) also rely upon father will 
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
The property was registered in your mother's favour, so she alone could have executed the will. The will made by your father, in respect of the property owned by your mother, is without competence, and hence illegal. Your mother is at liberty to alienate her property at her sweet will unless there is a stay order passed by the court. If you wish to stop your mother from alienating the property then you are required to file a suit for injunction against her on the ground that the consideration of the property was paid by you and therefore you are the owner of the property.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Hi, When the property was purchased in your mother name then she will become the absolute owner of the property so she can dispose of the property according to her will and wish.

2. If you want to transfer the property in your name then you have to file a suit for deceleration that you are the absolute owner of the property and your mother has no income of her own to purchase the property. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Your father cannot write a will on the property which he does not owns.
His will cannot be enforced because your father was not having marketable title to it.
His will deed can be used as a document in evidence to prove your title on it.
Your mother should be convinced sating that the property was purchased by you hence she should not disburse the property for all others in the family except you.
Legally speaking this property fully belongs to your mother  and sh can do anything on it including allotting the proposed share to you. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0