My mother is about to receive property from her father side( not self acquired, came from his father). my mother got 2 daughters and 1 son. Is property belongs to my mother only or we are also have share in that( if we got shares is 2 daughters will also get equal shares)
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1) mother receives property from her father (which he inherited from his father ) would be her self acquired property
2) it would not be ancestral property .
3) property which has remained undivided for four generations would be ancestral property
4) you have no share in said property during mother lifetime
Thanks, Sethi the said property is in litigation so after completion of litigation for registration purpose or for sale of the property presence of my mother is sufficient or all of us 3 (2 daughters 1 son) need to sign the documents.
1. During the lifetime of your mother the property belongs to your mother only and she is at liberty to take any decision like selling the property, gifting the property to anyone, executing a WILL naming the beneficiary/ beneficiaries in it.
2. In the unfortunate situation of your mother dying intestate( without executing WILL), then your father(if he is alive), 2 daughters & son would be entitled to equal share in the property. In other words each legal heir is entitled to 1/4th share( if your father is alive) or 1/3 Rd share in the property ( if your father is not alive)
presence of children is not necessary at time of regsitration of gift de3ed
2) gift deed needs to be attested by 2 witnesses only
1. If your mother gets share of property from her father who received the same from his father, then your mother will become the absolute owner of the said property.
2. Neither you nor anybody else will have any right, title or interest on her said property she received from her father.
1. She is the sole owner of the said property.
2. So for selling the same she shall have to be present at the registrar's office and append her signature on the sale deed as the seller of the property.
3. Your presence during registration is not required for the purpose of conducting the said sale unless you sign the sale deed as witnesses.
If you give your mother power of attorney then she can represent all of your brother and sisters in the registration office.
The property which your mother will inherit from her father would be her separate property which is at par with the self acquired property. During her lifetime she will be at liberty to sell, gift or bequeath the property to anyone she desires as none of her heirs has any share in her property. Only and only if she dies intestate her legal heirs will succeed to her property.
If the property, after the culmination of litigation, is to be registered in favour of your mother and 3 of you then all 3 of you may execute a GPA in her favour to authorize her to represent you at the time of execution of sale deed.