Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
We are 3 brothers and two sisters. During 1991 my father died while serving.My elder brother was then persuing B.SC. and my younger brother was then in school. I with consent of my mother and elder brother applied for service on "Rehabilitaiton assistance scheme" and continuing since 1993. In the meanwhile my elder brother completed his B.Tech and now in a central Gvernment organisation.My younger brother also completed his B.Tech and self employed. The main crux of the message is that a piece of land on posh area of Bhubaneswar was purchased by my father in my mothers' name during 1977 and a building was constructed with DCRG after ours fathers demise.In order to have better education facility for my son I had shifted my place of residence. Taking my absence as an oppertunity, my other two brothers pursuded my mother and get the land transferred in their name. I have been deprived of my right. MY question is whether my mother is legally right to gift the land to her other sons . Whether there is any remedies available to me asper law. Kindly help me. With regards. kar
Devajyoti Barman
(Expert) 12 January 2012
Yes you mother can transfer that property to anyone she wishes.
Since it was registered in her name and your father is no more, the same would be treated as her self acquired property.
You better you bury the hatchet and continue to show your benevolence as earlier.
Deepak Nair
(Expert) 12 January 2012
Your father had purchased the said property in your mother's name. Thus the said property is the self acquired property of your mother and she has the right to dispose off the property at her own discretion. She can sell or gift the said property to any one as per her wish.
ajay sethi
(Expert) 12 January 2012
yes your mother was absloute owner of the property . she can transfer it in name of your brothers
Rajeev Kumar
(Expert) 12 January 2012
Since it is her self acquired property and she is the absolute owner of that property. She can dispose it as she wishes
Raj Kumar Makkad
(Expert) 12 January 2012
There is no remedy for you in the given matter being self acquired property of your mother.
You would have been in close contact with your mother even if you had shifted outside. It is not necessary to be with mother every time but it would have certainly paid if you would have occasionally cared for her. Anyway, you have sufficient earnings. Be enjoy therein.
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