Roshini JJ (House wife) 28 July 2013

Daughter's share in mothers property

Hello,

My parents have two kids. I am the eldest daughter (Born HIndu got married to a christian) and i have a younger brother, I also have a younger brother. My father died many years ago. Our family had to face loads of financial problems after that. I stood by her giving up my education n started working, to clear one loan I had to take one more...and so it went on....but my younger brother didnt bother to help a bit and stayed away from all the financial problems even if we were staying under one roof. ...also During which my mother's brothers didnt help much as she was not included in her parents will. and also kept me aside as I was the only one who stood by her. Her brothers always felt i was trouble as I would always speak out for my mother. And always speak out of rights. ....But however when her grand parents property got sold. she got her mother's share. She was given the money but told to put me out of the share and they cleared all the loans.

Now resently my brother got married. both him n his wife is aware of the situation are now trying to get me out of the family by presurizing my mother.

Mom is given the money by her brothers to clear the loan n start a fresh life but without me in the picture. and my brother knows that and he's taking advantage n making it even big. Uncles are supporting my brother and telling me that only he'll get the share n not you. earlier I didnt wanted anything but know I dont want to go down like this. not for the things i have done for the family.

my mother is stuck between this not knowing what to do.

Now my question to you is.

1: What do you suggest my mother do to secure her money. so that it gets divided equally between us.

2: Brothers still have the money so for any legal works, like will she needs to go through them. because if she does a "will" without their knowledge, she wont get anything and probably knowing her she will let go of it. which i dont want it to happen.

3: if they force her to do a will in my brothers name only, can i contest against it in future.

4: can i ask for my share right now as it is still in the form of money.

Please advise me on this, as tme is running and we are confused.

Thanks

Rachel

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 July 2013

It is your mother's absolute property and you do not have any share in it during her lifetime. It is for your mother to decide what to do with that money. She can invest it in her name so that in future it can be divided between you and your brother equally.

Roshini JJ (House wife) 29 July 2013

thank you soo much for your valueable suggestion and time. I shall advise her the same. But again i want her to be safe with her savings and not go in wrong hands completely, things are clear that she is been taken care by my brother only to gain her confidence. I might need your advise later on if things go bad from his end. Thanks again...

Akash Desai (Proprietor) 05 February 2015

I need a advice on following matter of our property.

When my elder brother died in June 2012, we filed a case against my brother's wife for my mother's share. My brother had wife, one daughter and one son
We made a compromise and my mother got 25% (1/4th ) share in each and every property of my brother which is self acquired by my Brother
After few months we made again compromise and mother got 100% share in 3 properties & 100% to brother's wife and daughter & son in remaining properties
This all is done with Court's Order
My mother is alive and has 3 legal heirs. Myself & two daughters. My father is passed away few years back
Now the problem is my sisters are asking their share in Mother's property which got from my late brother's property 1. Can my mother sell one of the above said property? (without taking permission of me & daughters) 2. We are building new bungalow for us , can my sisters claim for their share? 3. We are ready to give some amount to my sisters but they are not ready, they want share in properties. 4. In such situation can you advice me what to do ? Can my mother sell property to me now? Can my mother make a will in favor of me? Please advice ...

Thank you.

Akash Desai (Proprietor) 24 February 2015

I need a advice on following matter of our property. When my elder brother died in June 2012, we filed a case against my brother's wife for my mother's share. My brother had wife, one daughter and one son We made a compromise and my mother got 25% (1/4th ) share in each and every property of my brother which is self acquired by my Brother After few months we made again compromise and mother got 100% share in 3 properties & 100% to brother's wife and daughter & son in remaining properties This all is done with Court's Order My mother is alive and has 3 legal heirs. Myself & two daughters. My father is passed away few years back Now the problem is my sisters are asking their share in Mother's property which got from my late brother's property 1. Can my mother sell one of the above said property? (without taking permission of me & daughters) 2. We are building new bungalow for us , can my sisters claim for their share? 3. We are ready to give some amount to my sisters but they are not ready, they want share in properties. 4. In such situation can you advice me what to do ? Can my mother sell property to me now? Can my mother make a will in favor of me? Please advice ... Thank you.