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  • Category: Indian Law

    Mother"s property -daughter"s right

    My mother has 3 acres of land on her name .Now she wants to transfer that property.Can she transfer the property to her sons without getting consent from her daughters?
  • #54939

    Few month before the supreme court had made a law that the daughters have equal right like a son. All the property of the father or mother can be divided into the equal with in the sons and daughters.

    Whether this law has been implemented but in most of the cases daughters make a sign on deed that she do not need to properly of father or mother and as a token for love towards her brothers.

    If she get the equal right like her brothers the she have no right to keep relation with brother and can not demand anything from them.

    But in views of the law daughter has equal right like son. Now as you told the property is in the name of mother. Then she is the sole owner of property and can sell property by own and can give the property to any of son or daughter or to anybody she want. Also she can make a will that can be apply after her death. If the mother died without any will then the court will share the property equal in all sons and daughter.

    With best regards

    Dinesh Sood

  • #55129
    If the property is in your mother's name then your sisters are also entitled for the property.

    As per the clarification issued by the Supreme Court, the daughters are also eligible for share in the property of their parents. Here parents mean both the property of father and property of mother.

    If your mother wishes to share the land among sons only then she can prepare the will for her sons only. If she is not preparing the will in the name of her sons, the daughters can ask for their part in the property.

    Generally, the daughters don't ask for their rights and whole property is entitled to use by sons only. But if they demand, they will get a share from the property. That's the rule.

  • #55395
    Dear Maheswara ,
    There were times when parents would themselves write the will and divide the share of their property among their children without much heartburns - the children wree also contended with what was gifted.Subsequently the issue of children not well placed financially rose and the parents could not keep quiet when one is suffering while the others were well placed in the society - as a result, they started giving their wealth to their suffering or poor children.Later this was not tolerated and as a result the question of "Writing the Will"came into practice.

    Now , coming to your question , what makes us feel that the property should not be given to daughters - I cannot digest such issues.we are born as brothers and sisters and we live for decades as such - but when the question of property comes , we feel that daughters must not get a share - are we justified?Can't we not sit across the table and decide the issue among ourselves - why we require a third person to interfere in our family affairs.How long the property so obtained will help us when we are depriving the sister of her elegibility to get a share of her parent's property.Sometimes we spend much on paying the lawyers to ensure that the property does not go to our brothers and sisters - is it not a shame for our society ?Not all are like that but many families are divided over this issue.Let us think aloud - we are bound to correct ourselves.

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