• Property under mother

I'm malaysian my name is Nagarajan and I'm asking this clarification on my wife behalf. 
Property registred under mother in law's name, she have 2 daughters and 3 sons. Can the mother transfer the property 100% to one of the child i.e. the elderst daughter. This transfer is done without getting any written approval from other 4 children. Can the rest of the 4 children who didnt get any share in the property claim their right through legal channel. This property is located in sai nagar, verugampakam, Chennai
Asked 8 months ago in Property Law from Malaysia
Religion: Hindu
If it is her self acquired property then she is at liberty to transfer it to any of her children or even a stranger without the consent of her children. The absolute owner does not require the consent of any of his legal heirs to transfer his property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1) mother in law is absolute owner of property

2) she can transfer property in name of elder daughter and does not need approval of other children 

3) going to court would be afutile exercise if MIL had purchased property out of her own funds 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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If she is the absolute owner of that property then she can do everything with this property but if the property was purchased by the father and mention her name in the documents only under love and affection then the all child's may claim the share but have to proved the love and affection before the court in partition suit.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Please note  your mother in law can transfer all her share to any of her children no one can seek any  legal action.
No written approval is needed by any of her children.
Rest of the other children can not take any legal action as the whole property belongs to her mother  exclusively only she can give to any of her children she likes.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1. If the property is the self acquired property of your mother-in-law, she is having absolute right to dispose off the property in any manner she likes, including gifting the property to anybody including her child/children during her lifetime.
2.In the instant case since the property is her self-acquired property, the transfer of property to only one child of hers is in order.
3.The other 4 children can challenge this transfer of property to only one sibling by their mother in the court citing and proving reasons like force, threat, coercion, etc was used to make her mother transfer that to only one child.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
Hi 
A property registered in the name of a female (Hindu), will be her absolute property under sec14 of Hindu succession act. 

The woman (mother in law)  can deal with the property in whatsoever manner she deems fit during her life time. She can give it as Gift/ Sell it to any person whom she desires. 

Mother in law need not get any approval from any of her children to deal with the property during her life time. 

However in the event of untimely demise of the woman and in the event of she not leaving behind a WILL, the property will devolve on her legal heirs equally. 

The act is reproduced here for your perusal
Sec 14 of Hindu Succession Act.. Property of a female Hindu to be her absolute property
 (1) Any property possessed by a Female Hindu, whether acquired before or after the commencement
of this Act, shall be held by her as full owner thereof and not as a limited owner.
 Explanation: In this sub-section, "property" includes both movable and immovable property
acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or
arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her
marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner
whatsoever, and also any such property held by her as stridhana immediately before the
commencement of this Act.
 (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under
a will or any other instrument or under a decree or order of a civil court or under an award where the
terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in
such property.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Q. Can the rest of the 4 children who didnt get any share in the property claim their right through legal channel.

A. mother cannot do it because she has only life interest in the property. if she has transferred all properties then you can file suit for its cancellation or if she may transfer it in future then you should file a suit for temporary injunction i.e. stay order on its transfer. 
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0
How the property obtained to mother in law is an  important question  for deciding your matter.Also check the title deed certificate .

If the title of the property is in mother in laws name she can transfer 100% to any person as per her wish. The written approval is not necessary from other childrens. But the ownership of the property in joint name she can't do such a transfer. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Property lying in the name of women is exclusive property. Nobody can claim or disturb it. It is her wish to gift the same to any one of the children. The other children cannot claim the property. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
The property registered on the name of your mother in law  shall be her own and absolute property.
She has full rights to settle or transfer the entire property to whomsoever she may desire to and in the manner or mode as per her own will and wish.
This being her own property and also governed under married women's property act,she need not take any consent from anyone for whatever action she would desire to initiate on this property.
The rest of the four children cannot legally claim any right or stop their mother from proceeding with her decision.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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1. Your mother in law is the absolute owner of the said property since it stands in her name,

2. So, she can transfer the property either in full or part thereof to anybody she wishes to for which she need not take consent from anybody,

3. If your mother in law does not wish, her remaining 4 children can not claim any share from the said property. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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