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Ramesh Bandi   24 July 2025

How can i get the property from my mother

Hi The property belongs to my father, and he gave for development for apartment. Father demised before handover of Flats by the builder and the share was transferred to my mothers name. Now she is claiming that she wants to give to daughters only. What is the procedure to get the property.


 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 July 2025

This situation touches on some complex aspects of inheritance law under the Hindu Succession Act, 1956, assuming your family follows Hindu personal law. Here's a breakdown of how things generally work:

🏠 Current Ownership Status Since your father passed away before the flats were handed over, and the property was transferred to your mother’s name, she is now the legal owner. If the property was transferred to her absolutely, she has full rights to decide how to distribute it—including giving it only to daughters. 

⚖️ Legal Rights of Children Under Hindu law, both sons and daughters have equal rights in ancestral property. However, if the property is self-acquired by your mother (even if inherited from your father), she can gift or will it to anyone she chooses. If she dies intestate (without a will), then all children—sons and daughters—inherit equally2. 

📝 What You Can Do If you wish to claim a share or challenge her decision, here are your options: Talk to your mother: If she’s willing, she can execute a gift deed or will that includes you. Legal action: If you believe the property is ancestral or that you have a rightful claim, you may: File a partition suit in civil court. Seek a stay on any transfer until the matter is resolved. 

P. Venu (Advocate)     24 July 2025

"the share was transferred to my mothers name". Who transferred the share (?) and how?

Read more at: https://www.lawyersclubindia.com/forum/how-can-i-get-the-property-from-my-mother-238225.asp

Dr. J C Vashista (Advocate )     24 July 2025

If the property is inherited in succession by deceased, the law is separate to when it is his self-acquired and intestate.

Incomplete and vague facts can  not lead to form proper opinion and oblige.

It is better to consult a local prudent lawyer for proper analyses of documents/ facts and professional advise.

T. Kalaiselvan, Advocate (Advocate)     25 July 2025

The society's share certificate is not a title document.

If your father was reported to have died intestate then all his legal heirs including you are enetitled to a share in the property as a right.

Therefore you file a suit for partition to claim your rightful share in the property.

The transfer of share certificate to your mother will not be binding on you, hence you can approach court of law for remedy.


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