• Share of Father's Property which was made gift deed to my mother

Sir, we are 3 daughters and we have one 1 brother. Our father expired. We have our father's house which my father sold his father's property and bought the house and he registered in my mother's name as he was a railway employee. Now, my mother is saying that the property is only for my brother and we are not welcomed to my mother's house also and my brother is behaving very violently with us when we go. We are left like orphan even when we have mother and brother. We want to file a case against my mother for not giving us the share. I ask your advise whether we can get justice?
Asked 6 months ago in Civil Law from Bangalore, Karnataka
1) your mother was house wife and has no source of income 

2) property was bought in mother name for benefit of joint family 

3) on demise of father you can file suit for partition to claim your one fifth share in property 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
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1) you can take search in sub registrar office and obtain copies of Grandfather and father sale deed 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
Now, my mother is saying that the property is only for my brother and we are not welcomed to my mother's house also and my brother is behaving very violently with us when we go. We are left like orphan even when we have mother and brother. We want to file a case against my mother for not giving us the share. I ask your advise whether we can get justice?

The property might have been bought by your father but sadly it was registered on your mother. Thereby your mother becomes an absolute owner of the property  by which she has full rights to dispose the property in any manner and to whomever she may choose or desire. Her decision to transfer the entire property on her name to her son i.e., your brother cannot be disputed or objected to by you or your other sisters legally. Moreover this becomes married women property in which her rights are  fully protected  so nobody can claim any right or share in it by any means or under any law. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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We three sisters want to file a case against our mother and brother, please advise whether we will get justice.

In my opinion it may not be legally maintainable and perhaps you may not get any result in your favor or you will be fighting a losing battle. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
We do not have enough proof of our grandfather's property deed and we not have our father property deed and only my mother is having the present house deed.

This clearly indicates that your mother is the absolute owner of the property, hence instead of legally fighting, you may sit and talk amicably with her so that she may give some share in it.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
The house is registered in your mother's favour, as such the title vests absolutely in her, which she can transfer to anyone she desires. During her lifetime her children require her permission to even enter the house. She is at liberty to make a will of it in favour of her son if she so desires. Neither you nor your brother has any share in the property during her lifetime. When there is no violation of legal rights there is no question of getting justice.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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The case against your mother and brother could sustainable in the eye of law. Your fathers have every right to alienate his own property as per his wish in his life time. So the document registered in favour of your brother by your father is a valid one and your brother become absolute owner of the property. 
If your mother has a property in her own name, she can also sell  that property to any one.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Your answer: You as daughters have equal rights over the said property, it was the property belonging to your father who after selling of his father's property purchased the said property, he only got the property registered in his wife name, she on her own did not have independent income and therefore you daughters can file a suit for partition against your mother and brother and you will succeed in getting an equal share in the said property.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0

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