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sipra das   19 February 2024

I want to know legal rights of my mother on his husband's self acquired property.

I'm  a married  daughter,  taking care of my mother since my father's  death. My mother is staying with me from last 6yrs.

I have a younger sister she is also married,  her marriage  was an inter cast marriage and not accepted by my parents. But when my father was on his death  bed she came to meet us and was in our contact. Now she is harassing  mentally my mother for the property, which was acquired  by my father and now we three are the legal heirs. So kindly  suggest me what can I do, my mother is suffering  from different  types of diseases for her better treatment we need monetary support.  That's  why she wants to sell the property  though she is not staying there, but the younger sister is not ready for the ownership transfer on my mother's name. So what can my mother do for her legal rights.


 7 Replies

Dr. J C Vashista (Advocate )     19 February 2024

Since your father is stated to have died intestate, his self-aquired property shall devolve equally between all of his 3 LRs i.e., your mother shall have 1/3rd share with both of you sisters.

She should execute a Will or a Gift Deed in your favour during her life time so that you may have her share in the property (in addtion to your own share).

sipra das   19 February 2024

Thank you sir

Advocate Bhartesh goyal (advocate)     19 February 2024

After demise of your father,  his self acquired property rights will devolve to his legal heirs ( your mother,sister and you ) you can't  deprive  your sister to claim her right in father's property. 

Real Soul.... (LEGAL)     19 February 2024

It is better to divide and make partition of property in to three parts and then only you can sell the property comming to share of yours and your mother.

sipra das   19 February 2024

Thank you Sir

T. Kalaiselvan, Advocate (Advocate)     19 February 2024

Your sister is entitled for an equal share in the property left behind by your deceased father as a right.

Denying to accede to her request for partition of the property would be a deprivation of her rights.

Instead you can decide about an amicable partition and get the partition deed duly registered so that she will not disturb you people anymore.

Shashi Dhara   22 February 2024

Let your mother file suit for maintenance against her or to bear expenses by both daughters, they are neglecting and seek permission from court to sell entire property on protection of senior citizens act.

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