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N.Arunachalam   08 August 2015

Rights of married daughter in her mother's property

Hello,

i am looking for a legal opinion on the rights of married daughter in her mother’s property.

I had 2 brothers and 1 sister. All are married. My father was died earlier. We three brothers and our family and my mother are lived in a joint family up to my mother's death. We 3 brothers are did joint business in my mother's name and also bought all the property in my mother's name too.

Now all the property is in my mother name and business too. But none of them are ancestral property of my mother, it’s purely owned by we 3 brothers. My mother didn't write any will.

At the time of my mother’s death, my sister took all the property documents without any permission. Now with the help of Legal Heir Certificate she changed my mother name in ‘Patta’ into all our four names, without any notice.

Now all Patta are changed in to our 4 names.

So, now she told according to daughter property law, i am only having full rights in all the property belongs to my mother's.(in my mother name)

And one important thing is, when my mother was alive, i bought one property to my sister, but few years later she written (return) it into my mother name as a settlement and that document is registered in sub-register office.

Sir at this situation, whether my sister had no rights?? or equal rights?? or full rights?? in the property that we three bought in my mother's name...

Kindly suggest me. Now how can we partition. What are my rights?

N.Arun



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 2 Replies

Kumar Doab (FIN)     08 August 2015

 

Which personal faith applies to deceased owner e.g Hindu?

Are all legal heirs also Hindu?

On which date/month/year the mother has died?

The property is agricultural or non agricultural?

The property is in which state?

 

You have posted that:

“So, now she told according to daughter property law, i am only having full rights in all the property belongs to my mother's.(in my mother name)

And one important thing is, when my mother was alive, i bought one property to my sister, but few years later she written (return) it into my mother name as a settlement and that document is registered in sub-register office.”

 

Which daughter’s law grants full rights to daughter?

What was settled? Is it a registered family settlement deed?

 

 

saravanan s (legal advisor)     08 August 2015

whatever property is there in your mothers name will be considered to be her self aquired property (including the one which was given through settlement to your mother by your sister).all these properties will devolve on her children and each of you will get equal share


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