Inherited property

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
whether mother can transfer her rights [her share] in the undivided ancestral property to one of her son [total 6 children- 4 sons and 2 daughters] during her life span. [he is promising her of taking care if she transfers her property to him - that is he will get her share after her death, if this is permissible what is the procedure to be followed? whether the consent of all other children to be obtained?
please clarify.

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Rajeev Kumar (Expert) 17 November 2011
She can transfer her share to son through various mode. The best and suitable mode is gift. It is not neccessary to get the consent of all sons

prabhakar singh (Expert) 18 November 2011
In your case since the transfer has to take effect after her life a document called "WILL" can be executed and registered by your mother with attestation of at least two witnesses and to avoid future dispute signature of others may be obtained on the same will in the form of NOC.However not legally necessary to do so.
BUT WILL MST SPEAK REASON WHY OTHER CHILDREN ARE NOT BEING GIVEN THE SHARE BY YOUR MOTHER.

You should visit a local civil lawyer for your purpose with my advise in your mind for draft of the WILL.

Devajyoti Barman (Expert) 18 November 2011
Yes I agree.

Raj Kumar Makkad (Expert) 18 November 2011
It is difficult to be agree with Rajeev or Prabhakar singh. The property is ancestral so mother cannot part her share in favour of a single child during her life time or by way of gift as all legal heirs have equal right therein. Prabhakar would have been right in case of self acquired property of such lady.

prabhakar singh (Expert) 18 November 2011
What you have tried to understand if that is the case makkad,then for sure i would like to say that mother does not have any share at all in the property.

prabhakar singh (Expert) 18 November 2011
Now because of Makkad only i want a clarification from the author himself.

Dear Author!

In view of opinion divided i want you to clarify the fact that by ancestral did you
meant that it was your fathers'property and after his death has come to your mother, you
04 brothers and 02 sisters.

True or true not!please clarify.

Querist : Anonymous (Querist) 19 November 2011
thanks all of you for your valued openion.
i would like to clarify that the property in question is inherited from mother [her share from her mother's property] . in the system prevailing in coastal Karnataka and also kerala, the girls have more share in the ancestral property [from mothers side] because girls children heads are also counted and the share is given accordingly. to be precise, if a daughter has 2 children, she is entitle to get 3 shares from her mother's ancestral property

R.Ramachandran (Expert) 19 November 2011
If you can post the query with your name (even pseudo name), then I will be able to answer.

prabhakar singh (Expert) 22 November 2011
Anonymous!

Why do not you post it even pseudo name,giving ears to Mr.Ramachandran.

Devajyoti Barman (Expert) 22 November 2011
Anonymous is really unfortunate.

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