charan (Mr.) 04 September 2012

Son's right on mother's property

Dear Sirs,

*I have 1 married sister. I also am married. I am working for MNC and earning good. So far, I have gifted more than 6 lakh rupees to my mother via bank cheques (ie., documented), with which she bought gold ornaments. There hasn't been a Gift Deed Declaration.

*All immovable property that belong to our dad's family are in my mother's name.

*My mother wishes to gift all her assets such as the ancestral property, her ornaments (in gold) etc., to my sister, leaving almost nothing for me.

please advice:

1. my legal rights on my ancestral (documented) property

2. my legal rights on my mother's gold (un-documented) and other assets such as bank fixed deposits.

3. how to legally claim for my share in movable and immovale property which is presently in my mother's name.

awaiting your reply,

charan.

Reply Follow

3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 September 2012

You have an equal right as your sister in all ancestral properties, to cull out which you can file a suit for partition. A couple of questions :

1. How did your father acquire the property ?

2. How did your mother get your father's property after this death ?

3. Did you just mutate it in her favour ? or was there a gift/will etc ?

Depending on this I'd answer. If I am not here keep me posted at bharat.law06@gmail.com.

Take Care !

Adv. Bharat Chugh

charan (Mr.) 04 September 2012

Dear Adv. Bharat Chugh,

Many thanks for the prompt reply. Here are the points that might help you help me:

1. Both my parents are alive, And so is my Grandfather (my mom's father).

2. My father is a small retail business man in my town. He hasn't aquired any immovable properties. All the immovable properties and some of the movable properties (even some of the ornaments in gold) we are enjoying now are passed on from my Mother's dad and My father's dad.

3. My father couldn't aquire any additional immovable properties, and at the same time, didn't spoil / dispose any of the ancestral properties.

4. Some of my mother's ornaments are from her father, some aquired by my dad and some of them were bought with the money I gave her in the past 10 years (i am 34yrs. now).

5. My Parents got the immovable properties from their parents via gift deeds.

I hope the above points will be useful.

Awaiting your kind reply.

Thanks and regards,

Charan.

Kailash Max (Student) 19 September 2014

Dear Friends,

I am ________ of Dharmapuri,Tamil nadu.My native is krishnagiri,Tamil nadu.My father's mother had 7.65 acres of land in my native.It is her mother's property.But my grand mother had 4 younger brothers.Some days before she was died unfortunetly.Before dieing she written 3.60 acres to my father.But it was not registered.My father have 2 younger sisters.After my GRAND MOTHER'S death my GRAND FATHER said that the 3.60 acres also belongs to my Father's Sisters.So please help me is it really true.