daughters right on mothers property
Sandeep
(Querist) 17 July 2014
This query is : Resolved
My mother is married in 1985 feb 09, Her father died 2 years ago. her mother is alive(step mother, As her own mother died after giving birth to my mom and my uncle)My grand mother(present one) is having 3 sons on her own, So a total of 4 sons and a daughter(My mom) to my grand father.
A property of 200 yards is on my grandmother(step mother) name and 400 yards on my grand father's name. Which is totally earned by grand father.
He did not wrote any will before his death and not settled anything to my mother till date. 3 of my uncles are trying to steal everything without giving to my mom. Also my grand mother supports it.
My mother is the elder one of all 5.
My grand father bought all this property before my mother's marriage only in between 1975 to 1980 he bought this property.
My grand father died 2 years ago, Grand mother is alive.
Here my doubts are,
1.Do my mother have any right on the 200 yards which is earned by my grand father and kept on grand mother name(My mom's step mom)
2.Do my mother have any right on the 400 yards which is earned by my grand father and kept on his own name.
3.Can my grand mother donate her 200 yards to whom she wants to without my mother's sign ?
4.Will my mother considered as daughter to my grand mother though she dint born to her? My mother's own mother died when my mom is at 9 years so my grandfather did another marriage to look after my mom and uncle.
5. Is my mother having equal right on all property as my uncle's had ?
It will be very appreciable for helping me out of this, thanks in advance :)
P. Venu
(Expert) 18 July 2014
Your mother has a right in her father's property.
Anirudh
(Expert) 18 July 2014
Answer to your queries:
1.Do my mother have any right on the 200 yards which is earned by my grand father and kept on grand mother name(My mom's step mom) - NO. YOUR MOTHER DO NOT HAVE ANY RIGHT OVER THE PROPERTY WHICH IS THE ABSOLUTE PROPERTY OF YOUR STEP MOTHER.
2.Do my mother have any right on the 400 yards which is earned by my grand father and kept on his own name. - YES YOUR MOTHER WILL HAVE EQUAL RIGHT AS A LEGAL HEIR OF YOUR FATHER - OVER THE PROPERTY - PROVIDED YOUR FATHER HAS NOT ALREADY DISPOSED OF THE PROPERTY IN FAVOUR OF ANYBODY THROUGH GIFT DEED ETC.
3.Can my grand mother donate her 200 yards to whom she wants to without my mother's sign ? - YES, SHE CAN, AS SHE IS THE ABSOLUTE OWNER OF THE SAME. SHE DOES NOT REQUIRE ANYBODY'S CONSENT AT ALL.
4.Will my mother considered as daughter to my grand mother though she dint born to her? My mother's own mother died when my mom is at 9 years so my grandfather did another marriage to look after my mom and uncle. - THIS ONE NEEDS TO CHECK. HOWEVER, GIVEN THE KIND OF RELATIONSHIP, YOUR MOTHER'S STEP MOTHER WILL DISPOSE OF THE PROPERTY DURING HER LIFE TIME, LEAVING NO SCOPE FOR YOUR MOTHER TO CLAIM ANY RIGHT OVER IT.
5. Is my mother having equal right on all property as my uncle's had ? - NO. THE ANSWER IS GIVEN IN QUESTION 1 AND 2 ABOVE.
malipeddi jaggarao
(Expert) 18 July 2014
1. No. Though it was purchased with the money of your grand-father since it is in the name of his wife, she has absolute right on that property.
2. Yes. Equal share being the legal heir of the deceased father in the absence of any specific will and if he dies intestate (without leaving a Will).
3.Yes. Read the answer to No.1.
4. Answer will be useless. If he does intestate without assigning this property to her sons, then the question of legal heirship will come.
5. What do you mean by all properties. The 200 yards are in the name of her step-mother and during her life time nobody will have any right unless she voluntarily creates such right. Your mother can forget about this piece of property unless she dies without leaving a Will and without gifting away the property to her own sons.
ajay sethi
(Expert) 18 July 2014
agree with Mr anirudh
G. ARAVINTHAN
(Expert) 18 July 2014
Since you all were Hindus, your grand mother and all the children of your grand father will get equal share.. So your mother is entitled for 1/6 th share in the whole property left out by your grand father.
In so far as property of Grand mother is concerned, your mother cannot ask for any share
The property in the name of your Grand mother is deem to be her self acquired property and no signature of your mother require for donating or selling.
Your mom cannot claim any right as daughter of grand mother.
Siblings will have equal share
T. Kalaiselvan, Advocate
(Expert) 18 July 2014
1)No
2)yes
3)yes
4)No
5)No;
The detailed explanations given by expert Mr. Anirudh and other experts are agreed by me.
