Property on Share
Mahadevan
(Querist) 25 October 2010
This query is : Resolved
My father died intestate in 2009 leaving behind me (only Son), Mother and 2 Elder sisters (both Married).
Now my mother wants to sell the property my father had and share the property equally. There are property in my mother's name too, which I want my mother to settle now itself, since I doubt it will go to my sisters only. My question is Do I have the right to ask my mother about the details of the medical expenses borne by her for my father? But my mother does not want to share these details and have filed a Civil Suit in Madras High Court. What will be the expert advice towards this.
adv. rajeev ( rajoo )
(Expert) 25 October 2010
Your mother cannot sell the property of your father. Being a legal heirs of your father you, your mother and your sisters have got equal share in the properties of your father.
Devajyoti Barman
(Expert) 25 October 2010
What does the medical expenses have relation with this case? Moreover you did not specify the nature of the suit filed by your mother. Legally your mother can not sell the property left by your father more than her share in it.
R.Ramachandran
(Expert) 26 October 2010
Dear Mr. Mahadevan,
The property left behind your father will go in equal share to all the four heirs viz., your mother, you and your two sisters.
For selling the property all the four of you have to come together and sign the papers.
As regards your mother's property, it is her private / individual / absolute property and she has every right to do whatever she wants to do with it. NOBODY CAN CLAIM ANY SHARE IN IT. Yes, if she so wants she can gift or will the property to anyone that she chooses - say any of your sisters or even to strangers.
However, if she does not dispose of the property during her life time either by way of sale, or gift, or by means of WILL, then upon her death, the legal heirs will have equal share.
We are not clear about the civil suit filed by your mother - the civil suit is against whom and what is the prayer in the suit?
