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sourav (Supervisor)     20 December 2014

Married daughters get the share of thier mother's property

A family consists of Father,mother and two sons n two daughters,at present all the siblings are married and the father is dead. All the property was bought by the father in his wife's name(Mother). At present the two sons are trying to take the power of attorney from the mother so that they can sell all the property and divide the sum among the two brothers. So are the daughters entitled to get a share of this sum as per the rules of INDIA? 


 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 December 2014

The property is in the name of the mother, she has every right to dispose the property in the way she likes.  The daughters in this situation cannot claim anything if the mother decides to give POA to her sons.

laxmi kant joshi (instructor)     20 December 2014

The whole property is in the name of your mother then she is the sole owner of that property she can use it as she can if she wants to give poa for her property to her sons then the daughters cannot claim any right / share over that property.

Akash Desai (Proprietor)     05 February 2015

I need a advice on following matter of our property.

  1. When my elder brother died, we filed a case against my brother's wife for my mother's share. My brother had wife, one daughter and one son
  2. 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
  3. 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
  4. This all is done with Court's Order
  5. My mother is alive and has 3 legal heirs. Myself & two daughters. My father is passed away few years back
  6. Now the problem is my sisters are asking their share in mother's property got from property of my late brother, they are threatening us to go to court- 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.

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