Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Farooq Ahmad (Sr. Manager)     06 May 2015

Can my mother give the entire property to my brothers alone

Dear Sir,
A Housing Plot was bought by my father in my mother's name. My mother is a house wife. We are four children (3 Sons and 1 daughter) I am the elder son. After I started earning, the house was further developed by me. I added lots of money to this house when I was working in a private firm as software professional. I further developed the house before my marriage according to the family extension and added 2 extra rooms for my newly married family. I stayed with my parents for 5 years after my marriage during that period me and my wife fully supported them personally and financially. But I leave house in 2005 with my family due to my profession/service and currently I am away from my parents house and taking care my own family in a rented house since last 10 years. I have two daughters. My wife is a house wife.
Now due to some misunderstanding, my parents dislike me and are in full support with my brothers and his family. My parents and my brother's family stay in that house. I built a separate house with the help of my mother-in-law’s.  So my mother feels that I am well to do and need not be given any share to me.  My parents and my brothers totally avoid me on the fear that I would claim a share in the property.  I had shed my blood during my young age to construct that house and to bring up my family as a whole. But the situation is changed entirely after my leaving the house. 
My question is :
1. Can my Mother give the entire property to my brothers without any share to me ? 
2. Am I eligible for a share in the property ?
3. If so, please advise me how do I proceed to get the share of the property ?



Learning

 1 Replies

Hardeep (Business)     08 May 2015

1) your mother can will upto 1/3rd of the property the way she wishes. The rest will devolve per Muslim Laws of succession.  During her lifetime, she can also gift away the entire property.

 

2) read hereunder for some more :

https://www.livemint.com/Money/JPeOCumv0Nwzsf61vpeXlK/Muslims-cant-dispose-entire-property-through-a-will.html

 

3) If you want to contest, you will have to prima facie prove that the house was further developed by you, based upon - perhaps - verbal promises by your mother that you will get a share/ full. Rest will depend upon evidences and Court judgements..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register