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rajiv (ceo)     03 October 2010

family property

my father was govt servant, while in job he had purcahsed 3-4 plots in mother's name and shown in IT returns. now mother is not ready to share this property ? is it legal?


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 7 Replies

Suchitra. S (Advocate)     03 October 2010

If it was your dad's self earned property, then you do not have any rights in it.

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(Guest)

Yes ,it is legal not to share the property.Your mother can transfer herself acquired property to anyone without obtaining consent of her husband or children. U/s 14 of Hindu Succession Act- A female is absolute owner of her property. Your mother can gift it to you or she can make a will in your favour, it all dependts on your convineint.

Please see section 8 of the Hindu Succession Act....according to the Hindu law. if any person die without any nomination or will. Then his self acquired property will be inherited to his mother.

mother can transfer property by WILL. she should have this mentioned in her will, and she can transfer the will when she is alive .

mother is free to transfer her self acquired property to any body without the prior consent of her husband or other relatives by way of will, gift deed,or sale deed etc.

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 October 2010

No right was given to you.

if your father by any WILL gave you share in that property, then you can sue your mother

sanjeev suri (business)     03 October 2010

If no will or documents r available in anybody name, it would be legally belongs to youe mother only ( ie his wife only).

Hence your mother is having 100%right to deny or offer to anybody.

 

rajiv (ceo)     03 October 2010

thanx a lot .  but some of property of was in father's name after death of father we all three children had written consent to transfer in mother's name.  like PPf money gratutity and two plots. 

one property was bought in name of elder brother and in purchase documents it was shown as money was given by materanl grand father...same plot was bought by father. if this plot is to be shared what should be done as all  properties are either held in mother's name or elder brother's name.   what should be done to get share or  leave them ? 

G. ARAVINTHAN (Legal Consultant / Solicitor)     05 October 2010

have you signed in that, giving consent to change property in their name?

rajiv (ceo)     05 October 2010

ya we all three children had given written consent to transfer in our mother's name. but not given consent for sell or other activities.


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