who has got the share of property after the fathers death
Querist :
Anonymous
(Querist) 24 March 2011
This query is : Resolved
Hi,
I live in mangalore. I have a house in Kerala. when my father pased away . The property was divided into 3 parts. One for me,my mother & my brother.Now my brother requested my mom to join his share along with hers. Some time back my mom promised me that she would give me the whole house. Things have changed with my mom & now she says once a daughter is married she does not have any right over the property.The propery is not inherited property. I would like to know if i want to claim the house what should I do? I know it will be got only after my mother passes away. How Can I secure the house in my name. Can I file a case now stating that the property is not divided.I want an answer only from any lawyer from Ernakulam civil (court)lawyers.I would appreciate if you could give a fair answer regarding this Thanks
Lisa
R.Ramachandran
(Expert) 24 March 2011
I am not a lawyer from Ernakulam, but still would answer your query. Whether to take it or not is your call.
When you say that the property was divided into 3 parts, where 1/3rd was given to you, is your name registered in the records, or is the said partition deed is registered? If not, it will create problem in future.
As regards the share of your mother, she is the absolute owner of the same and she can do anything that she likes to do with it. In this case, it appears that she has given her share to her son (your brother). If the partition had already been done, mutation done in the records, then she being the absolute owner for 1/3rd of the property, she should have given the property to your brother by way of a registered gift deed, or registered Sale Deed, or should have left a WILL to that effect. Without this, her merely saying so orally would not have any effect.
If your mother has not given through registered documents or is not giving any WILL, then after her death, her share will go in equal share to you and your brother.
In any case, the entire house cannot be made in your name, unless your mother and brother give their share in your favour.
Guest
(Expert) 24 March 2011
What I gather from your query is that the division of proprty of your deceased father would have been made orally, but not by any registered deed. You have not made any mention about any written agreement or deed to that effect. If so, the division cannot be treated as valid in the eyes of law, as on the death of your father, unless there exists any will of your father to the contrary, the right to claim the property her diseased husband would have gone to your mother. Rest would depend upon her own discretion till she remains alive, how to dispose of whether to give any part to you or your brother or even to sell that.
Jitendar Kumar gupta
(Expert) 24 March 2011
Yes you have got the right in the property. for that you have to take steps. If you want more call at 9868529732 or mail at : guptajkin@gmail.com
