Inherited property
Jitendra Ladhani
(Querist) 12 September 2011
This query is : Resolved
I live in a joint family. My parents, myself with wife & son, small brother with wife and a daughter. My father has nominated my mom a share of 50 % , myself 25% and yonger brother as 25%. But both have a very obvious tilt towards younger brother. I have no idea weather he has made any will or not. Also the property was in my grandmothers name and as such it appears on Share Certificate. I pay have the share of maintainance but in cash to my father. My quries are;
a)What happens to my share in the inherited property after him.
b)Can my mother sell the property without my consent.
c)what would be her share, if any.
d)can she transfer her right in property to my younger brother.
Please help
R.Ramachandran
(Expert) 12 September 2011
If the property was in your grand mother's name, you father (if he happened to be the only legal heir of your grand mother) would inherit the whole property and the same would be his personal property.
Being a personal property, he can do anything with it as he likes. Nobody else has any right or claim over the said property.
If in his wisdom, he gives 50% to his wife 25% each to you and your brother he is perfectly within his legal rights. Even after nominating, he can dispose of the said property during his life time either through a registered GIFT Deed, or WILL or even dispose of the property by direct sale to anybody. Nobody can question his actions.
Thus, your paying any maintenance etc., will have no bearing and on that basis you cannot claim any share from the said property.
So long as your father is alive, nominating either your mother or you and your brother will have no value. However, if he had gifted the property to your mother, you and your younger brother in whatever ratio, through a registered gift deed, then each one of you will be the absolute owner of that much portion gifted to you. In that event, your mother can do whatever she wants to do with her share. Nobody can question. For that your mother does not require anyone's consent - neither her husband's, nor you the son's. She is the master of her own property. If in her wisdom and wish she wants to transfer her 50% share to your younger brother, she can very well do it. You cannot object to it.
Guest
(Expert) 12 September 2011
I agree with the advice of Shri Ramachandran.
ajay sethi
(Expert) 12 September 2011
1)you have stated that your father has nominated your mom with 50%share , and you and your brothers 25%each . is it a flat in coopertaive society? . a nomination made can be changed any time .
2) if your father leaves behind a will property will devlove on the legal heirs as per his will . in such a case your mother can sell her share of property without your consent or gift it to your younger brother
prabhakar singh
(Expert) 12 September 2011
I agree with detailed well explained reply of Mr.Ramachandran which needs no addition on my part but i also agree with Mr. ajay sethi that a nomination can be changed any time by nominator ,if he so desire.
Since seeking maintenance is parent's lawful right no right of inheritance as of necessity it confers upon one who performs it on his own.
Shastri J.K.
(Expert) 12 September 2011
I agree with Expert.
Raj Kumar Makkad
(Expert) 12 September 2011
The detailed reply submitted by experts is sufficient to clarify the desired reply.
