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Vijay anand (Consultant)     30 March 2018

Daughter s right in mother s self acquired property

Pls Clarify on unmarried daughter's right on the mother's self acquired property,mother being Christian,father being Hindu.Now mother has settled the property in her son 's name for loan purpose and the property under bank home loan .Can the daughter claim share in the property.The mother is still alive.Father also alive


 8 Replies

Yogesh Prabhu   31 March 2018

as you said its a self acquired property and the original owner is alive then its his /her wish to despose it in any manner she likes
i m not any expert but my thinking say this way

Ompal Aggarwal (Advocate)     31 March 2018

In case of self acquired property using self earned money, & if the owner is alive & is of sound mind then he can dispose it as he wish

G.L.N. Prasad (Retired employee.)     31 March 2018

When mother acquired such property by her hard work, when she is very much living, how you can claim any right ?  It is her property and it is her wish on her property, do not get disturbed by half baked information or provocations.   Maintain good relations with parents and brother.  Religion has nothing to do with self acquired property.  Even if she donates to a Church, no one can question her authority.

Vijay Raj Mahajan (Advocate)     31 March 2018

The right of daughter in the self acquired property of the Christian mother under the Indian Succession Act, shall devolve only after the death of the mother not during her lifetime. The duaghter cannot claim her share during the lifetime of the mother and mother is free to dispose the property as she so please.

Vijay anand (Consultant)     31 March 2018

Thank you sir.

Vijay anand (Consultant)     31 March 2018

She has settled the land in her son's since she was not eligible for bank loan after reitrement.Now parents live with the unmarried daughter including their adopted son who s Mentally retarted kid.Can the mother claim the property back from her son.The son is sick to survive,if he dies the property will go to his wife .Parents  will be left with nothing.How can we solve this.

Vijay Raj Mahajan (Advocate)     31 March 2018

Son can make Will in favor of his mother and if unfortunately he expires, the property will go back to her.
1 Like

Vijay anand (Consultant)     31 March 2018

Thank you sir

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