• Father's ancestral property on my mother name

Dear Sir ,
My name is Mohan .I am Hindhu and 39 years old.I have 3 elder sisters and one elder brother.All sisters were married and my brother not married.My father was expired in 1994.
 After my father expired, my mother  registered  fathers ancestral property(Eight Acres Agriculure land) on her name ,earlier which was register on my fathers grandfather name  and got passbook .
 currently passbook is there on my mothers name and my mother is alive.
 
 My elder brother is not taking care of  my mom,he is not even coming to see my mom.I am taking care of my mom.i dont want give any share in the property  to my brother and sisters.
 
 my question is ,
 
 Is it possible to get register entire land on my name ?

thanks
Mohan
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Since it is the ancestral property , your mother and all your siblings have equal share in the property.
2. However if your mother and other siblings execute a Release Deed relinquishing their rights in your favour and get it registered, then you can be the absolute owner of the property.
Shashidhar S. Sastry
Advocate, Bangalore
1338 Answers
75 Consultations

5.0 on 5.0

 Is it possible to get register entire land on my name ?

There is a limit for greediness.
As you said that it was your father's ancestral property and as your father died intestate your mother transferred them on her name, if this is true then your mother's act is illegal and invalid.
The ancestral property in the hands of your father shall again be divided into three parts, while one part or share to be retained by your father as his share the other two shares shall be inherited by you and your brother. 
This is the actual distribution of your father's share in the said ancestral propriety in his hands. 
Since your father expired in the year 1994, your sisters do not have any rights in the major divisor of the property into three parts. 
Your mother has no rights in the property at all for any share hence the transfer of property on her name is illegal and invalid.
Now coming to your father's own share after the entire property was divided into three parts. 
Your father's share i.e., the 1/3rd share of the property shall again devolve on his own legal heirs consisting his wife and all children.
i.e., upon his intestate death your father's 1/3 rd share in the property again be divided into four parts and you shall be entitled to one such equal share. 
Thus your entitlement in the property shall be 1/3rd share and 1/4th of 1/3rd.
Your brother shall be entitled to a share to the effect of your entitlement.
Your mother and sister shall be entitled to 1/4th share each.
Hope you understand the legal position of partition/distribution of your father's property
T Kalaiselvan
Advocate, Vellore
18781 Answers
176 Consultations

5.0 on 5.0

1) it is ancestral property and besides your mother , you , your brother  have equal shares

2) entire land cannot be registered in your name by your mother 

3) if you do so your brother will move court to claim share 

4) sisters will not have any share in ancestral property as father died before 205 
Ajay Sethi
Advocate, Mumbai
28592 Answers
1552 Consultations

5.0 on 5.0

On what basis you call the property ancestral? If it is ancestral then all the coparceners have an equal share therein. The entire land can be registered on your name only if the coparceners or heirs who have succeeded to the land execute a relinquishment deed in your favour.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

5.0 on 5.0

Hi, as the property is the ancestral property so your brother have right over the properties and as far as your sister is concern they have no rights to seek share in the ancestral property by virtue of latest Supreme Court judgement.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1. If the property was inherited by your father from his ancestors then through which document its title was conveyed in favour of your mother after the demise of your father? Did your father executed and registered a gift deed in favour of your mother?

2. If the said conveyance of title of your father's property was done legally, then your mother is its legal owner,

3. Your mother. being the legal owner of the said property, can execute and register a gift deed in your favour,

4. If your mother had not acquired the property legally, then all the legal heirs of your father can claim equal right on the same.
Krishna Kishore Ganguly
Advocate, Kolkata
13962 Answers
309 Consultations

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