• Property distribution post father's death

Sir,

I am from a Hindu family. My query is regarding the property distribution after father's death. The scenario is, father and mother had acquired the property by their own - a piece of land and a house, and is clearly not ancestral. Property is in the name of the father, and is not shared with mother. 

They have two sons and a daughter. Mother is a homemaker. After father's death, how will the property be decided? Will it be completely owned by mother since she is sick and does not work? All three siblings have jobs and earn a decent life. The eldest is daughter and is a government employee and is married to another government employee, and have 2 kids. Next is a son, who has a small business, and is married. His wife is a government employee, and they a daughter together. Third sibling works in a private firm and is not married. 

As mother is a homemaker and is almost 60, I want to understand:

1. if the property can belong only to mother and not to anyone else? Is it possible by 2 sons and daughter to mutually agree and make the mother the owner of the property? 

2. If the property is made to owned by mother, will it be her decision to let sons or daughter stay in the house along with her?

3. Since mother does not have any means to earn money, do children need to pay monthly maintenance to her?

4. Do daughter-in-law or son-in-law have any say in any of the decision on making mother the owner of the property?

Basically all three children or son-in-law do not have any problem in making mother the owner, but daughter-in-law is against her mother-in-law and wants the completely property. She is not ready to leave the house even if her husband is willing to let go.

What will happen to property distribution if daughter-in-law file a case against husband and her mother-in-law, asking for divorce and claiming property, blaming them for domestic violence and dowry, even if she is the one who is beating the mother-in-law and no dowry was taken during marriage? Since the property is still in the name of the demised father, will daughter-in-law get hold of anything as all the laws in India and in the whole world is against men and their mother and father even if the daughter-in-law is at fault?

Can children, without seeking suggestions from their spouses, or not being under their influence let go of the property and make it owned by mother and leave the house to her alone and stay outside? 

Underlying question is, can mother be made the owner of the property, completely?

Thank you!
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) on demise of father mother and 3 children have one fourth share in property 


2) 3 children can execute gift deed or relinquishment deed to relinquish share in property in favour of mother 

3) DIL and SIL have no say in decision making 

4) DIL has rights to stay in matrimonial home as husband has one fourth share in property on father demise 

5) DIL has no share ion said property 

6) children do not need partner consent to relinquish or gift their share in property 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
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1. On the death of father the property standing in his name will be equally divided among his widow, daughter and sons in equal 1/4th share. Sickness of one heir and monetary contribution made by her is no consideration.
2. Does not arise.
3. Yes but only sons nor daughter.
4.No not at all. Since the sons and daughter have equal share in the property along with their mother if they want to make their mother its sole owner then the  sons and daughter will have to gift their respective 1/4th sahre in the name of the mother so she becomes its full owner.
No co-sharer can more than thier respective 1/4th share in the property.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
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1. Assuming that the property is his self acquired and had died intestate, the property would devolve equally to your mother, her 2 sons and a daughter. In other words, each one  is entitled for 1/4th share in the property.
2. By executing Release Deed in favour of the mother, the 2 sons and daughter can release their rights over the property.
3. When once the Release Deed is executed in favour of your mother, it is her prerogative  and wish to allow her children and their families to stay together in the property, since she would have become Absolute Owner of the property by virtue of Release Deed in her favour.
4. Daughter in law and/or Son in law have no say in the matter.
5.It is the rightful duty of the children to take care of their mother during her old age and to pay maintenance money to her.
6.Daughter in law or for that matter Son in law have no right on the demised father in law's property.
7.Even if the Daughter in law or Son in law go to court also, no right can be claimed against the father in law's property.
8.By executing Release Deed in favour of their mother by her children, mother would become Absolute Owner of the property.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1) DIL had no share in property . Husband can if he so desire relinquish his interest . Wife can only claim right to stay in said matrimonial home 

2) even if DIL goes to court and seeks divorce she will not get share in property 

3) if wife had a extramarital affair husband can file for divorce on grounds of adultery and mental cruelty 

4) wife who commits adultery is not entitled to maintenance 

5) working wife is not entitled to maintenance 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
Hi
Subsequent to the demise of your father, his legal heirs(your mom, your two brothers and yourself will be the legal heirs).
if your father has not left any will, then his property will devolve equally on your mom, two brothers and yourself. 
with reference to your queries:

1. if the property can belong only to mother and not to anyone else?   Yes. this can be done by effecting a relinquishment deed by all the children in the name of your mother. 

2.  Once the property is transferred to her name, it will be her decision on whether to let sons or daughter stay in the house. no body including the sons and daughter will have any right whatsover on the property once the relinquishment deed is signed by them in favour of their mother. 


3. Since mother does not have any means to earn money, do children need to pay monthly maintenance to her?
Yes. under senior citizens maintenance and protection act 2007, it is the duty of the children to provide shelter, food, clothes, take care of her medical expenses etc . If the children do not take care of the mother, mother has every right to redeem the property that she has gifted to her children. also mother has the option to reverse mortgage her property to the bank for meeting her expenses and the children can claim the property after the time of their mother and after repaying the mortgage in full. Sec 125 Cr.P.C also provides for maintenance claim by parents. 
4. Daughter in law has no claim or say on the property as the property belongs to her husband. (Under hindu law, if a person obtains his fathers property by partition, it is his absolute property. his wife or children do not have any say . relinquishment means the partition has happened and the husband has forgone his rights. 
To answer your underlying question: Yes . Children can make their mother absolute owner of property . she will have the absolute right/ power  to gift/sell/mortgage the property in whatsoever manner she wants. 

DIL has no right or claim whatsoever in the property obtained by husband (provided at the time of partition there is no maintenance order issued by the court). 
The law says on the date of partition/ relinquishment deed , there should not be any maintenance order/court order attaching the property of the father/ property obtained by the husband. If there is no order, you can do whatsoever with the property. 

IF DIL goes to court asking for divorce, first divorce has to be granted. Once it is in the name of mother, DIL cannot ask for share in mother's property as it is her absolute property and even her son does not have any right or ownership. if the son does not have ownership, there is no question of DIL / Grandson/Granddaughter having any claim on the property. 

DIL going to court for divorce and if there is evidence pointing to an extra marital affair, before or after the commencement of DIvorce proceedings, the same should be proved in the court. in the event of extra marital affair there is no maintenance claim in any way. 

Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1. On father's intestate demise the property will devolve through succession on his widow and all children including daughters. Widow is one of the legal heirs, not the sole heir to a Hindu male dying intestate.

2. The children are at liberty to execute a relinquishment deed in respect of their share in the property to convey the title absolutely to their mother. Unless they do this their mother cannot own the entire property.

3. The widow can sue her children for maintenance as it is the duty if children to maintain their aged or infirm parents who do not have a source of income.

4. The DIL or SIL of the deceased have no right of succession.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Neither DIL nor SIL has any right to challenge the relinquishment of share by their respective spouses.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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They have two sons and a daughter. Mother is a homemaker. After father's death, how will the property be decided? Will it be completely owned by mother since she is sick and does not work? All three siblings have jobs and earn a decent life. The eldest is daughter and is a government employee and is married to another government employee, and have 2 kids. Next is a son, who has a small business, and is married. His wife is a government employee, and they a daughter together. Third sibling works in a private firm and is not married. 

The property after the intestate death of father, devolves equally upon all his legal heirs consisting of his wife and three children.




1. if the property can belong only to mother and not to anyone else? Is it possible by 2 sons and daughter to mutually agree and make the mother the owner of the property? 

The property will devolve upon all the four legal heirs equally.  The other legal heirs can execute a registered release deed in favor of mother which will entitle the mother to register the enire property on her name alone. 



2. If the property is made to owned by mother, will it be her decision to let sons or daughter stay in the house along with her?
It will depend on her own decision in such an event.



3. Since mother does not have any means to earn money, do children need to pay monthly maintenance to her?
Yes her children are bound to maintain their mother


4. Do daughter-in-law or son-in-law have any say in any of the decision on making mother the owner of the property?
No, hey do not have any rights in the property hence they cannot interfere in this decision taken by her own children.





What will happen to property distribution if daughter-in-law file a case against husband and her mother-in-law, asking for divorce and claiming property, blaming them for domestic violence and dowry, even if she is the one who is beating the mother-in-law and no dowry was taken during marriage? 

Her claim in the property for a share or in full is not maintainable in law.  She has no rights in the property during her husband's life time. 





Since the property is still in the name of the demised father, will daughter-in-law get hold of anything as all the laws in India and in the whole world is against men and their mother and father even if the daughter-in-law is at fault?

Your understanding is absolutely baseless and wrong.  There is no such law in India hat the wife can claim the property during her husband's lifetime where the property belongs to a third party.  Do not be misguided about the rumours in this regard. 







Can children, without seeking suggestions from their spouses, or not being under their influence let go of the property and make it owned by mother and leave the house to her alone and stay outside? 
Underlying question is, can mother be made the owner of the property, completely?

How many times do you want to repeat the same question.  Once the rights are relinquished by the co-sharers in favor of mother, she becomes the absolute owner and she can even drive away them out of the house.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Is there any possibility that DIL going to court against her husband relinquishing his right to own 1/4th of the property since she might think that she owns the half of his property, which is 1/8th of father-in-law's property?

She may think anything but the law has got a different answer to her, she has no right in her husband's property or share of property during his life time and after his life time she can claim a share only when he dies intestate.  If he makes a testamentary disposition of his property during his life time by excluding his wife she cannot claim any share as a right in it. 




What will happen if DIL goes to court asking for divorce and also part of the property, and later if it is found out that DIL has extramarital affair? Can husband go for marriage annulment without having to give any maintenance on a monthly basis as a support?
Your question is about divorce or annulment or share in the property due to divorce?
She cannot ask for a share in the property whether she goes for divorce or not.  If she is found to have extramarital affairs, then the marriage cannot be annulled but a divorce case can be filed on th grounds of adultery.  If divorce is granted on that ground, she may not be entitled for maintenance. 





What if the DIL earns more money than her husband? Will he have to pay her even in this case?

If she is employed and earning a handsome salary she may not be eligible for maintenance.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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