• Right of property in property owned by mother

I am 48 yrs of age we are  4 siblings two sisters and two brothers. I am the youngest.  My father died in 1988.  In his lifetime he bought 3 properties in my mother's name. My mother is a housewife and never earned. She is 75 yrs age now.   My mother in year 1997  sold one of the three properties and bought a house  from sale of that property. Later on she reconstructed that house with contribution from me as well as from rental income of  one of the three properties my father bought with his own earned income.  We shifted in that  new house in year 2003.   I had an inter-caste marriage with a  girl from SC category that's why  my mother,  elder brother and both sisters  dont like me and always wanted me to leave this house and not claim any right on property.

Now I have come to know that my mother has  done  GPA of that house (which is a Land & Development Office leased property) in my elder sister's name few years ago without my knowledge.  The time of that transaction is not known.  

My elder sister  has sent me a legal notice stating that she is the owner of the house and  i am a tenant in that house on  Rs. 30,000/- per month rent  and since i have not paid the rent for last 2 years, she  has terminated the tenancy and asked me to vacate the house in 15 days.   My mother and elder brother too are living in that house in  separate rooms.  They both are hand-in-glove with my elder sister in this sinister act.  What are my legal rights in all these properties?  What legal action i can take at this moment?  since i joined govt job in 1992 I have been giving all my salary to my mother and also contributed  during purchase and also during reconstruction of the house we are currently living in. Can my mother sell that house on GPA in my sister's name without my consent ?
Asked 8 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) file suit for partition to claim your share 

2) if your mother is a housewife she would have no source of income to buy the 3 properties

3) the property was bought by father in her name for benefit of joint family  . 

4) you will also have to challenge the transfer of house in sister name

5) contact a local lawyer and reply to legal notice 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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1) file one comprehensive suit wherein you claim all the reliefs 

2) you can claim share in property standing in name of grand father too 

3) your sister can file suit for eviction against you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. The title of the properties is with your mother as the sale deeds are registered in her favour. As a corollary thereto, she is at liberty to sell, gift or mortgage the properties to anybody she desires. The right of an owner to alienate his property is without any fetters. The only remedy available to you is to challenge her ownership on the ground that the sale consideration of the properties was paid by your father. If the court upholds your contention then all legal heirs of your deceased father i.e his widow and all children will succeed equally to all his properties.

2. To restrain your mother and sisters from alienating the property you can file a suit for injunction against them in the civil court.

3. You have an indefeasible share in the property leased to your grandfather. A lawsuit to seek your share in the monthly rental can be filed by you. 

Ashish Davessar
Advocate, Jaipur
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What are my legal rights in all these properties?  What legal action i can take at this moment?  since i joined govt job in 1992 I have been giving all my salary to my mother and also contributed  during purchase and also during reconstruction of the house we are currently living in. Can my mother sell that house on GPA in my sister's name without my consent ?

This property no doubt might have been bought out of the funds of your father and you too would have contributed for the house construction.  But the property remains in your mother's name hence the property being a married woman's property, she becomes the absolute owner of the property by which she has full rights in the property for dealing with it in any manner as per her desire.
The GPA given by her to your sister is a valid document.  
However the GPA cannot make your sister a owner of the property, she is just an agent on behalf of her principal, i.e, your mother. 
As a GPA alone she cannot issue an eviction notice to you in any manner.
She has to give the notice on behalf of her principal alone and not in her own capacity.
If she has sent you the notice, you should immediately file an injunctions suit against her seeking to restrain her from indulging in any such illegal acts. 
Whatsoever the case may be, please be aware that legally you or your siblings do not have any rights in the property during the lifetime of your mother 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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Also tell me  should I file a  comprehensive  suit involving   (i)  claiming  partition and my share in all  properties   in mother’s  name 

Partition suit is not maintainable because it is your mother's own and absolute property hence neither you nor anyone are entitled to any share in your mother's property during her life time. 





(ii)  challenge  transfer of one property  in sister’s name 

This is also not maintainable





 (iii)  seeking stay  on any future  sale/transfer of  any property currently in mother’s name   or  I should  file separate suits for these things. 

Not maintainable




I forgot to tell further,  there is  a property  which is  a refugee property  administered by Delhi Urban Shelter Improvement Board, Govt. of   Delhi  and licenced in the name of my late Grandfather.  My brother is  occupying that property and  earning  handsome rental income amounting  (approx. Rs.70000-80000  per month).  He does not allow  access to me in that property.  Can I  claim  my share in that property  and also  share in rental income of that property also ?

If it still remains in your grandfather's name or if it has been transferred to your father's name and he died intestate, then you can claim a share in that property along with a share in mesne profits.. 





If  I can,  should I  include that  property in comprehensive suit or file  a  separate suit for that property which is not a property owned by  family but  licenced  by govt.  for residential use  after  independence/partition in year 1950.

Separate suit seeking your rights to a share in the mesne profit of the property.




T Kalaiselvan
Advocate, Vellore
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128 Consultations
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