Preksha (COO) 02 September 2012

Father has not willed his property

Dear Layers and Advocates,

a. My father has passed away recently due to sudden death (massive heart attack).

b. He has not left any will (till date we have this info.), we are 2 sons and two daughters.

c. Surviving Mother wants to live with sons only (my brothers)

d. Both sons have looked after Mother and Father since decade or so.

e. We daughters are curious to know if we can stake equal share in the father's properties(both movable and immovable) ,

f. I should say sons have looked after both dad and mother till date very well. Can we accept less share if my brothers offer us less than equal property as we feel they are eligible for more share even though law says 'equal'

g. Some are suggesting that mother will become owner after fathers death is it right if so has she got right to write will as per wish to whom ever she wants or we still have equal rights.

h. Sons are contemplating to probate properties in mothers name , if this happens do we stand to loose our rights ?

Please suggest and help with your expert views....

Thanks

Preksha

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 02 September 2012

Your mother and all the children of your father have equal share in the property. You can settle for lesser share if you want but legally you have equal share. If your father have not made any will and your brothers want to make your mother the sole owner of the property then they cannot do so without your consent, bcoz for that the concurrance and consent of all the co-heirs will be required.

Anish Thakur 7018812737 (advocate) 03 September 2012

dear querist ,

the hindu succession amendment act 2005 provided equal right to daughetrs and sons in the property and in your case it applies clearly as your father had left no will ,if your brothers want to transfer all rights to your mother i mean want to make her the sole owner ,daughters consent is necessary but after you reliquish your rights of share to your mother then its wholly on the mother after geting full ownership to transfer the property to anyone even to any stranger ,the doctrin of reliquishment will apply here .