property distribution
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
sir, my father was died on jan 2011. and now my mother, brother and me unmarried(daughter)in the family. my father have a home on his name.i want to know about my part in the property if my mother make a will of home on the name of my brother.and is my married or unmarried condition can change my role in my fathers property. my father does not make any will.
R.Ramachandran
(Expert) 15 July 2011
Dear Anonymous,
PLEASE DO NOT WORRY.
I think the property in question is your father's self-earned property.
Since your father has died without leaving any WILL, the property will have to be shared equally between your mother, your brother and you. (In case your father's mother is alive, then she also will get equal share.)
Your mother cannot give the entire property in the name of your brother. At best, your mother can give only her share in favour of your brother. Your share (either 1/3rd if grand mother is not alive, and 1/4th if grand mother is alive) cannot be taken away by anybody. This will be the position whether your are married or unmarried.
