Right to property received by parents by way of partition deed
Deepthi
(Querist) 20 May 2013
This query is : Resolved
Hi ,
My mother receuvd property from her parents by way of partition deed in 1989, adn now she has given it to me. HOwever, my brother has now filed a case for a share of the property . Does my mothe rhave all the roght to do what she wants with teh property. I could not understand the Joint family abolition ACt in kerala.... Can you please help... My brother is not intouvch with my mother for the last 6 years now and has filed a case when she has given me the property.. PLease advice... Does his petition stand valid? Do my mother have no right to do what she wants with her property?
Thanks
Deepti
Advocate Ravinder
(Expert) 21 May 2013
your mother's property is self acquired property, as she got it through partition. She can transfer her rights to whomsoever she wants. Your brother has no right to question. Your brother will not win the case.
Hemant Agarwal
(Expert) 21 May 2013
1. A duly partiioned property is alieneted from the rest of the family property heirarcy.
2. After partiton deed is duly executed, Property solely belonged to Mother, with unrestricted rights.
3. IF mother has duly Gifted it to you, THEN the said Gift is final, subject to you having received the possession of it.
4. After the Gift Deed has been executed duly, the brother's petition in court, becomes infructous.
Keep Smiling .... Hemant Agarwal
Deepthi
(Querist) 22 May 2013
HI ,
Thanks for the reply
Mr A dies ( My moms dad)
Mrs A does partition deed ...in 1989.. to her kids A,B,C& D. ( B being my mother)
B has now given it to her daughter by way of "Dhananishchaya Aadharam" as said in Kerala. Now B's son has filed a injenction suit and partion prayer for his share considerignit is anscestral property claining that as per the JOINT FAMILY ABOLITION ACT he is eligible for a share in the property.
Now teh son was only born in 1977 .. as pe r the above response he does not have a share, but I woudl need help to address this issue in connection tho the ACT that was passe din Kerala.( Joint Family abolition act).
PLease Help! To top this, My brother has not been taking care of my mom for several years now.. My mom has a pension for her livelihood.. bu is there any case that she can file against her son ensuring that he monetarily supports her??
Thanks//
