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Amit Arora   15 December 2017

Sons share in property

My father died 10 years ago without making the will leaving his wife (my mother) and two sons. The house we live in was built by my father but it was always in the name of my mother since day 1. Now my brother has married since then and lately has been creating issues regarding his share. So my question is as sons do we have any share in the property or is my mother is an absolute owner since the property was/is always in her name and she can do anything with it as per her wish? If the property was not in her name than i know we (sons) definately had the share. Thanks.


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 12 Replies

Kumar Doab (FIN)     15 December 2017

It is believed that you are all Hindu and Hindu Succession laws/rules shall apply in your case.

And that your mother is alive.

Confirm!

Kumar Doab (FIN)     15 December 2017

Since mother is title holder in her life time sons have NO forced share in her self acquired/absolute estate/property.

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

 

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband.

The property from mother’s side is not ancestral.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters………..

The share in ancestral property devolves upon his legal heirs. 

Kumar Doab (FIN)     15 December 2017

The husband can provide his self earned/acquired estate to his wife without any need of any consent from his children.

If your mother is alive then she can dispsoe her estate/property in anyone's favor in her life time.

 

Kumar Doab (FIN)     15 December 2017

The lady can also act under the provisions of 'Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007' and rules framed under the Act in the state to evict the son(s) if her peaceful living is being disturbed.

She can also get maintainance from son(s)

Advocate Bhartesh goyal (advocate)     16 December 2017

No, sons have no any right or share in property which belongs or in name of their mother during her lifetime. mother is sole/ absolute owner of questioned property and can bequeath, transfer the property as per her wish.

Amit Arora   16 December 2017

@Kumar Doab, Thanks for replying. Yes my mother is alive and I am a Hindu. From your reply it appears if i were of different community (like Sikh or Jain etc..) then different rules would have applied? Is it true (just want to know this for knowledge purpose)? The property in question was built by my father but the name on papers was always of my mothers, so i am confused if the normal Hindu succession laws still applies. My father didn't made any Will whatsoever. Thanks

Kumar Doab (FIN)     16 December 2017

Dear LCI Querist @ Mr. Amit Arora,

Once you address any member/expert that is posting to  support and help pls add proper title Mr/Shri...............

Kumar Doab (FIN)     16 December 2017

GO thru;

Central Government Act

The Hindu Succession Act, 1956

https://indiankanoon.org/doc/685111/

 

and you can get full knowledge.

Yes, IT depends upon personal law that applies in specific case of person(s) that are involved..

Kumar Doab (FIN)     16 December 2017

 

For your knowledge you may also go thru;

 

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT ...

https://karnatakajudiciary.kar.nic.in/hcklibrary/pdfupdates/BENAMI_TRANSACTIONS_(PROHIBITION).pdf

and

Benami Transactions (Prohibition) Act, 1988.

https://lawmin.nic.in/ld/P-ACT/1988/A1988-45A.pdf

Kumar Doab (FIN)     16 December 2017

 

Assuming for a moment that the defects that you trying to point have some kind of legal acceptance (although doubtful per content in you posts so far);

What exactly you would want to achieve?

Kumar Doab (FIN)     18 December 2017

Some persons with sirname Arora or covered under sirname/cast Arora may state they are Sikh.

However the HSA cover both.

Adv Vikas Pandey 9717832755 (Advocate)     19 December 2017

As per law there would be none provision or  sons have any right  in property which belongs in the name mother during her lifetime. Mother is absolute owner of property and can bequeath, transfer the property as per her wish.
To write the whole answer is not possible for me. As you may also write the question only not the situation
Better advice can be given you only after have detail discussion with you and after going through your condition. As there are possibilities;
For further discussion & information about your case feel free contact me  9717832755
Regards
Adv. Vikas Pandey
(M. A. LLB)
 
 

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