Property case
shankarseelam
(Querist) 24 January 2015
This query is : Resolved
We have a property which is on my mother's name and we are three brothers. My elder brother has disowned my parents from a very long time hence he also doesnt want any share in the property. My younger brother passed away a couple of months however even he never participated in household activities neither took care of our parents, But at the same time he didnt dis-own them. Now from decades me and my wife has been taking care of my parents(widow mother). My younger brother's widow has now dis-agreed to take care of my mother as she says it is too much of a headache. So now my mother says that she will write off the entire property on my name. But the question is that will my younger brother's widow be able to claim a right on the property. She receives pension as my younger brother was a government pharmacist and she has three daughters, all of them are 18+. So if my mother writes the property on my name, will anyone else be able to claim the property? there is no loan from anyone else on the property
Advocate M.Bhadra
(Expert) 24 January 2015
If the property is belong to your mother's name then it will be treated as self acquired by her.So if she execute a registered deed of gift in favour of you as absolute during her life time then your sisters,brothers and sister-in-law can not claim.
shankarseelam
(Querist) 24 January 2015
thank you for the quick response sir. Your answer leaves me with just one question and that is under which section this law can be in favour of mine and would this differ from state to state. I belong to Odisha
shankarseelam
(Querist) 25 January 2015
Another concern that I might have is that as u said that no one else can claim the property if it is written on my name then in future if my youngers brothers widow files a claim(though she will not be eligible) then as the case will be in the court, I will not be able to dispose the property?????
Dr J C Vashista
(Expert) 25 January 2015
@Shankkarseelam,
1. Your brother cannot disown your parents, it has to be other-way-round, isn't it?
2. Your mother received this property from her parents or purchased?
However, in both circumstances, I agree with expert Mr. Bhadra it is self-acquired property of your mother and she is competent to bequeath or transfer the same to you.
shankarseelam
(Querist) 25 January 2015
@ Dr J C Vashista- yes you are right but I meant was that my brother has broken all ties with our family. Property was on my grandfather's name then it came on to my father's name. Currently it is on my mothers name after my father's death.
kavksatyanarayana
(Expert) 25 January 2015
@Shankarseelam to your query to Dr.J C Vashista sir, whether your father written any will in favour of your mother or as an elder your mother got that property? If your father written a will in favour of your mother, your mother got full rights as said by experts Mr.Bhadra and DR JC vasistha. other wise, the property will be devolved among all the legal heirs of your father.
shankarseelam
(Querist) 27 January 2015
My father did not write any will before he passed away. My mother got a legal heir certificate and got the property transferred onto her name. Now she is the owner of the property and she wants to give the property to me. My elder brother doesn't want a share. Will my younger brother's widow can claim a share in the property???
T. Kalaiselvan, Advocate
(Expert) 27 January 2015
It is very clear now after you have disclosed the facts of the origin of the property. Well, this property was inherited by your father from his father and your father died intestate. In such a situation, the property will devolve on all his legal heirs including your brother who alleged or reported to have disowned the house. The legal heirs will comprise your mother, yourself, your brother who is out of your home, your deceased brother's wife and his children. The transfer of the property unto her name by your mother is invalid and it can be cancelled by a court order if she is not agreeing to cancel it. The widow and children of your deceased brother as well as your brother who has disowned the parent can very well seek partition and separate possession of their respective share in the property. Even now, your mother can bequeath or transfer her share of property in any one's favor including you. Consult a prudent lawyer in your locality and proceed as per his further advises.
shankarseelam
(Querist) 28 January 2015
@T.kalaiselvan- sir I didn't understand the last part. What did u mean when you said Even now my mother can bequeath or transfer her share of property??? Is it after the partition whatever share my mother gets???
malipeddi jaggarao
(Expert) 02 February 2015
Yes, she can give her share of property to anyone. Only her share. See Mr.Shankarseelam, as the property is ancestral property, your mother alone is the owner of property. If she got it transferred, it will not pass perfect title on her, it is defective title. Hence all legal heirs have their stake in the property. Have a dialogue with everybody and make some family arrangement/partition with the consent of all legal heirs. Looking after the mother or not is a different matter.
shankarseelam
(Querist) 03 February 2015
okay now every thing is discussed and property will be divided amongst six parts. 4 siblings, mother and my brother's widow. now all five parties i.e. me and my siblings and my mother are willing to sell the property however my younger brother's widow is not ready to sell the property. How do we go ahead and sell the property where in majority of the legal heirs wants to sell the property except the widow??
malipeddi jaggarao
(Expert) 03 February 2015
What is the nature of property< If it can be partitioned, go for a partition deed, leave the property of the widow, and the remaining property can be sold.
shankarseelam
(Querist) 04 February 2015
@Malipeddi Jaggarao- Sir if the property could be partitioned then there wouldnt have been any problem however the property(house) is constructed is such a way that it cant be partitioned. It has to be disposed to get our respective shares and move forward.
malipeddi jaggarao
(Expert) 05 February 2015
Without the consent of her, the remaining legal heirs cannot sell the property. Only way out is that you should convince her that it is in her own benefit and she should agree. Elders and known people only can help in this respect.
Guest
(Expert) 05 February 2015
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