• Daughters share in self-acquired property

My father was expired in year 2000. Before his death ,he  purchased a land measuring 200  SQuare yards.  In year 2014, my mother constructed a house with the money saved from her monthly family pension (as my father was expired while he was in GOvt.service).Till today neither the land nor the house was undergone registration. I have two married sisters.I am the only son to my parents.please tell me whether my sister's are eligible for the share in this property . If my mother gift this property to me (or)  write a will on my name to avoid share for my sister's. Please advice.
Asked 4 months ago in Property Law from Guntur, Andhra Pradesh
Religion: Hindu
Hi
the general rule that if a person dies intestate his property shall be divided between the heirs equally.
The property was in the name of your father and house was constructed on it by mother,however  the property is still in the name of your diseased father.
Your mom and your sister along with you , you 4 are the legal heirs of your father , each one has an  equal share in the property.
If the property was not transferred in your  mother's name , now she has no right to give you a gift in the whole property, she has only a share of 1/4th  right in the property.
Your two sisters too have the one each right .
it is sad to say that  your mother has no title or right to transfer the property in your name, she can transfer only her share in the property.
her share can be transferred in to your child's name through a gift deed , and you can transfer your right to the child's name also.
The transfer of the sister's share  property is possible only with their consent, through a registered  a release/relinquishment or gift  deed 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Your sisters woukd have share in said property as land was purchased by father out of his own funds and he died intestate 

2) on his demise yiur mother ,you and your sisters woukd have equal share in land 

3) yiur mother can only bequeath her share to you under will or gift her share to you during her lifetime 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) your  mother can gift her share to you or your daughter 

2) gift deed should be duly stamped and regd 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) the issue would be what is the source of funds for purchase of land 

2) admittedly consideration amount was paid by your deceased father 

3) even if property transferred in your mother name your sisters can claim share in property as it was bought by father for benefit of joint family 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
If the ownership (Title deed of the property) is in the name of father then after his death the right over the whole property gone to his legal heirs (Wife and Childrens ).If he registered the property in your mother’s name ,if so she can alienate the property to anyone. Your mother can gift her share (here 1/4th )to you or your daughter . 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1. If your father died intestate then on his demise his land devolved through succession on his heirs i.e widow, mother and children. The share of daughters is equal to the share of sons. Your sisters can file a suit for partition to cull out their equal share.

2. Your mother can execute a gift deed only in respect of her own share in the property, not beyond it. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Said land is self acquired property of your father and it was developed ( constructed) by your mothers and as well as your fathers funds. since your father not executed any will or other document your sisters will get share in the land.  The land has to be divided among all the legal heirs of your fathers which includes your mother, you and your two sisters. However your mother can give her share to you and the share of construction made with her funds. Your mother alone is not get ownership over said land as stated above all the legal heir of your father has to present at the time of execution any document. 
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0

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