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Property advice on mothers name

Date: 21 Dec 2015   Posted By: Padma     Group: Lawyers    Category: Indian Law   

My husband purchased a land in Vizag worth 6 lakhs in 2010 when he was not married on his mother's name . Now he is married for 5 years. He has 2 brothers who did not invest anything in land. I want to know can his mother transfer the land on his name directly ? And after his mother who will have rights on that property? All 3 brothers or only him because he purchased it?

Looking for advice on property which is in your mother's name? Check out the responses below to get expert advice.

Author: Kailash Kumar    21 Dec 2015      Member Level: Platinum     Points : 3  (Rs 3)    Voting Score: 0

Your husband's mother is the owner of the land. I presume that she holds clear title of the land. The land is not ancestral land inherited by her. Therefore she can sell, gift or donate the land to any individual at her will. However full legal documentation and observance of due procedure is must. The author may consult a qualified and experienced professional lawyer with original documents for further necessary action.

Author: K Mohan    21 Dec 2015      Member Level: Platinum     Points : 3  (Rs 3)    Voting Score: 0

Whether your husband purchased the property or not is the matter here. The land is presently owned by your mother and that stands amply clear in title. Now being mother she has the right to transfer the property to all the sons or one. It all depends on her wish. After the death of mother, the property claim has to be made with the consent of all. That means no objection certificate or legal heir certificate from the MRO is necessary to claim the ownership of the land. So if your husband can convince her and others now itself, it is better to get registered in his name.

Author: Venkiteswaran.    22 Dec 2015      Member Level: Diamond     Points : 4  (Rs 4)    Voting Score: 0

In case you want the land to be made n your husband's name, then please do the needful immediately.
As things stand, as elicited from the question thread. if the sale(purchase) deed does have only the name of your mother-in-law, then she is the absolute owner of that property.

But as it is a property bought fresh and not ancestral, she has the absolute righto give it to any one she wish or sell as she likes. So when relations are good, you may get it transferred to your husband's name as a gift by preparing and registering a gift deed. Please follow and comply all the formalities regarding Gift transfer , register and change the land records in your husband's name and start paying land tax in his name as owner.
After mother's time, you may be at the mercy of your father-in-la(if he survives her), and their other children, as they can claim proportionate rights on her property. So it is better make things clear as early as possible maintaining and to continue the good relationship.

Author: [Anonymous]    23 Dec 2015      Member Level: Diamond     Points : 5  (Rs 5)    Voting Score: 0

All are given exact answer on this title / property matters. Anyhow, you have to completely read that 'Sales or Purchased deeds' to know in-depth detail of the scheduled property to conclude it. As of now, your mother in law is the sole owner of that property until and unless the purchased deed should have clearly mentioned that "that scheduled property bought and financed by so and so son in the name of mother, its complete detail and once mother is not able to manage it or after her then it is obviously goes back to that one son only who is the sole financier and its buyer and no other sons or anyone else shall be claimed etc." in detail to stand. That property might be shared among other sons / daughters if the name is just of mother in law without any condition on it for your hubby.

The document has to be clearly read and proceed accordingly. In case the deed is generally written without your husband's full share or rights and if you would like to get back that property whole in your husband's name then you shall need to read the scheduled property sale deeds in detail to go with and take the necessary steps legally with mutual agreement and immediately.

Author: Adarsh kumar    23 Dec 2015      Member Level: Silver     Points : 2  (Rs 2)    Voting Score: 0

As the land is on your mother in law's name she has the whole rights on the property and you cannot even challenge her will because the property is not inherited. The only thing you can do is request her to transfer the land to your husband.
There are chances that she may divide the land equally to her 3 sons or maybe to any 1 son. So this problem can be solved only via mutual and straight approch to your family members and within the 4 walls of your house.

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