Padma 06 March 2017

How can son get sole rights over the property?

This is Hindu family. The father on whose name the house is has passed away a year back leaving no will. His wife is living. They have 3 children.... 1 son and 2 daughters.All married. Son and one daughter live abroad in USA and another daughter in India. Whom does the property belong to? If the wife who is the childrens mother gives a statement in court or a written statement that the property should go to her son solely then can the property go to the son only? Do married daughters have any rights over this property? If the son contributed all the money in building the house on that land then does he qualify to have sole right over house and married daughters not have any right since they have not contributed in building it? The house is not on son's name. How can the son become sole owner?

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2 Replies

Ms.Usha Kapoor (CEO) 06 March 2017

Your husband died intestate without leaving a will on his self acquired property..You, your Son, your two Daughters get equal shares in the property as you are all class1 heirs.If the son has taken consent of your daughters for raising a building over the vacant land without foregoing their interest in the property, yolour daughters can claim equal share in the property through partition.Same is the case if your son got constructed a building over the landed property. Your daughters can claim eqal share by filing a partituion suit or money equivalent to their share in the property.

G.L.N. Prasad (Retired employee.) 06 March 2017

Irrespective of facts and circumstances of love and affection shown or not shown, it is not your property, and you have having equal right on your property with other legal heirs. You may bequeath the share of property belonging to you to your loved son, and can not meddle with that property or share that may not belong to you.