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Demo Sharma   11 June 2021

Share on mother property

My father bought a land on my mother name in 2000 and build a house. Last month my father died without mentioned any will. We are 2 bother and 1 sister. This property was not bought by my mother from her income, this was bought from my father earn money. So do all brother and sister have equal rights on our mothers property or it will be decided by my mother as this property on her name, kindly suggest


 4 Replies

Sankaranarayanan (Advocate)     11 June 2021

Now it is your mother property only .she can decide her own .

1 Like

Advocate Bhartesh goyal (advocate)     11 June 2021

Since the property was bought on your mother's name so she is absolute owner of property and she has every right to transfer the property to anyone as per here wish.

Vasundhara Singh (Student)     12 June 2021

 Hello!  

Property bought by the husband in the name of his wife is called a Benami transaction and they were dealt with initially under the Prohibition of Benami Property Transactions Act, 1988 which was amended and renamed as Prohibition of Benami Property Transactions Act, 1988.   

Properties in the name of the wife are covered under exception iii of Section 2(9)(A)(b) of the act. It states that where the person buys an immovable in the name of his spouse from the source known to him, the property purchased will not be a Benami property, such property will belong to the husband and not the wife.  

The Delhi High court in the case Manoj Arora v. Mamta Arora cleared the status of property bought by the husband in name of the wife.  

Therefore, as per your query, if the property was bought from known legal sources, then the husband will be the owner of the property and after his death, it will be distributed according to a male dying intestate among his legal heirs.  

Regards  

Vasundhara Singh  

1 Like

Demo Sharma   12 June 2021

As I mentioned, it was bought from my father earn money(white money or legal money) but on paper it's mother name and registration also done on our mother name, still son/daughter can fight for their legal rights/portion???


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