Daughter's right on Mother's property?

by **condan** » Sat May 19, 2012 1:56 pm

Nationality: Indian
Religion: Hindu

My father expired recently, and he transferred the property to my mom "when he was alive". Now as I am the care taker of my Mom and I am married, my Mom wants to transfer the property on my name. I do have 2 elder sisters who do not take care of my Mom.

Is it possible to transfer the property only to me leaving 2 elder sisters?
Can my 2 elder sisters (all married) claim for the property?
Is it right that being the property owner, my Mom has full rights on the property. She can Lease/Sell/Transfer the said property?

by **blaisdell** » Sat May 19, 2012 1:57 pm

no

by **larenzo** » Sat May 19, 2012 2:11 pm

If it is self earned property of your Father, he has every right to dispose the same in whatever manner he liked.
But your Mother can do so as per her wish. But at the same time you cannot give reason on your other sisters as of they are not taking care of your Mother. But it is better if you take the advise of a lawyer in the matter.

by **nemausus36** » Sat May 19, 2012 2:15 pm

As long as your mother's mind is sound, she can do with it as she likes. She could give it to charity if she wants too. Speak with an attorney about this situation. There are so many loopholes and not enough information to give a complete answer.

by **cumhea** » Sat May 19, 2012 2:19 pm

As of now,your mother can sell the property transferred in her name during your father's lifetime.But your sisters have every claim on the property now if your mother decides to transfer the property or after her death.

by **ear** » Sat May 19, 2012 2:25 pm

Question here is relating to land acquired by the deceased Hindu man from government on "Patta" wherein the person granted the piece of land is for use of the person only for limited period of time may be 99 years or so, it is not transfer of ownership title in his favour as to make him sole owner of the property.
In such cases its just like lease or licence acquired by the person for using the piece of land.
On his death the lease doesn't come to end but his legal heir inherit it and continue enjoying it.
In the given case the Hindu male transferred the Patta in his favour to his wife during his lifetime, so first thing that has to confirm through revenue departments of the concerned government if the transfer of Patta of a land can be transferred from one to another as an agreement between them, if so what are the liabilities and responsibilities with regard to the concerned government in such transfer.
In case the transfer of Patta of a land can be done with the permission of the government on certain terns & conditions in the first case than same will be possible in the second transfer.
As far anyone else challenging the transfer of Patta from one who hold it to another is concerned that will be an issue on which local rules/bye laws relating to this transfer can clarify.

by **barnett** » Sat May 19, 2012 2:31 pm

The property referred to is the basis. It was at the hands of grandmother, a self-acquired property going by the scanty detail of 'patta land'. How her son and your father 'acquired' the land from her is not stated. The word' acquired' is a confusing word. If she had executed a gift deed during her life time and registered it, or sold it to your father, then only father's title would be self-acquired. If there was a will executed by her or your father got it by intestate succession, that is succession without will, being her ONLY ward, (there being no other class I heir for your grandmother), it becomes an accestral property for you and your two sisters.
So, your father's transfer of the property to your mother, can be fully operative vesting full title in her, ONLY WHEN your father himself had a self-acquired title, as stated above.
Otherwise, the transfer is not binding on any of his children. Since there are 4 legal heirs, all of class I status, your mother would get only 1/4, you 1/4 and the two sisters 1/4 each.
Marital status and 'taking' care or otherwise, do not have any bearing on the title.
The situation would be different if any of you or the two sisters had been witness to the deed by which "transfer" of the property by your father to your mother, was effected. Such person would be deemed to have 'released the respective interest' in the property in favour of the transferee.
All the above, applies to Hindu law only.

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