Mothers self acquired property from fathers income

Kavita (Querist) 19 December 2013 This query is : Resolved
My father bought a residential property 20 years before he passed away in 2004 (leaving no will). 65% of this residential property land with front house is owned by my mother. And 35% of the land with side access at the back was bought on my name when i was 2 years old mentioning my mother as a nominee. As i am currently 37 years old married woman this 35% belong to me completely.

My father also bought a commercial property nearly 18 years ago before he passed away. Again 60% of this is owned by mother. And the remaining 40% of it is in my fathers name. As my father died intestate, my mother, my brother and me get 1/3 of this share. I was forced to settle this 1/3 of this 40% share of commercial property on my mothers name in registrar office due to the trick played by my brother (As per the settlement neither me nor my kids will claim this 1/3 of the land ever).

Both commercial and residential property was self acquired by my father from his business income but lion share of it ended in mothers name as the owner. Relatives say some of the commercial land was purchased through the money my father got from selling my materal grand fathers land.

Now my mother wants to leave both 100% of commercial land and 65% of residential land with my brother. Is there a way i could initiate legal proceedings to get my half of the property share. If my mother leaves a will rather than settlement is there a chance i could challenge the will to make it void. Is there a chance i could do anything legally to make my mothers not to create neither will nor settlement?

Thanks in advance for your professional reply - Kavita

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Guest (Expert) 19 December 2013
How did you settle your share in your mother"s name whether it is by gift or settlement deed and whether any money transaction is reflecting in the documents.First apply for up to date EC and consult a lawyer and cancel the document executed by you fast before your mother could create any encumberrance on it.Then you could claim your share

Raj Kumar Makkad (Expert) 20 December 2013
You can do nothing as your mother is exclusive owner in possession of the properties mentioned in your query though the same might have been purchased through the income of your deceased father.

Better to convince your mother through your relatives.

Guest (Expert) 20 December 2013
You could claim your share in the 40% of property as mentioned by you which your father had left intestate.You could take efforts to cancel the documents which was executed by you thro' compulsions or by force or tricks as mentioned by you. Consult a Lawyer.First send a legal notice to your mother,brother and copy to Registrar Office and file a suit regarding cancellations of Settlement Deed executed by force and a partition suit also.

Rajendra K Goyal (Expert) 20 December 2013
Your mother is the absolute owner of the property in her name. She has right to sell, mortgage, gift or will to any body.

Better take your mother in confidence.

ajay sethi (Expert) 20 December 2013
Your mother is absolute owner of the property . she can dispose it as she pleases .

Guest (Expert) 20 December 2013
As mentioned by you " due to the trick played by my brother" explain this to your advocate and request him to treat it as criminal conspiracy. If you are really innocent you could fight for your right.

Kumar Doab (Expert) 20 December 2013
You have already relinquished your right 40% share of commercial property.

Your mother can give away property in her name to any one as it pleases to her.

The elders and relatives may succeed to convince her to include your name in her WILL or to gift you a share in her lifetime.

If the lady (your mother) deceases without leaving a valid WILL you will share her wealth with your brother.

If she decided to leave nothing for you in her WILL then you will get nothing from her estate.

T. Kalaiselvan, Advocate (Expert) 20 December 2013
Rightly advised by experts above, nothing more to add.

Mothers self acquired property from fathers income

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