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  • Category: Indian Law

    Mothers property released through release of rights


    Have a query about the rights to mother's property? Searching for details about the right of daughters to mother's property? Here, on this Ask Expert page you can get legal advice for resolving your query.

    My mother (living still) has transferred some property to me (daughter) through release of rights 13 years back. Now my brother approached the court to get the share of the same property. He said that he too has got the rights in the property. Is he eligible?
  • #145785
    Yes. He is also eligible.if the property of your mother is inherited by her from your father or her father. If it is earned by her on her own she can give it to anybody she wanted.. You please get a clarity on the point just I have mentioned. Basing on the fact whether it is legal or not can be decided. I feel it is better to finalise the issue with in three of you instead of going to court.
    drrao
    always confident

  • #145793
    On the inherited property the children have equal rights. So it is divided as per that principle.

    Now if a person is alive the question of division does not arise until unless the person willingly transfers it by the standard process of transfer through registrar office.

    After the death of a person either the property will be divided as per the will of the person if he has written a will to that effect or the property will be divided automatically between the children.

    Knowledge is power.

  • #145805
    The question does not give much details. Hence I shall give a general answer.

    The word here is 'release of rights". That means she had released her rights on some of the property and transferred to you.Is it a right she got as the guardian when you were minors? She could have released the property to you after you have attained age of majority. As only some property was transferred it means she has not transferred all the property. Probably that may be earmarked for herself and her son (your brother).

    She may be even thinking of giving even her rights also to your brother. She may have some reasons not given it now itself.

    However only after knowing full details how the property came under her rights can we give more specific answer.
    If it was her &/or your ancestral property which was not properly divided and disposed or without any will, then she would have got the property combined as her own share and the share of her minor children. So in that case even if a case is filed, she will be given her part right and your brother will be his part right. It is always better to settle amicable among the rightful inheritors rather than going for litigation.
    If it is proved that your mother has given you an unwanted advantage to his loss, the court may cancel the transfer done to you or order i such a way that he is not put to loss, and compensated. That all depends on the facts and the prayers made to the court.

  • #145809
    Generally speaking, all children have equal rights to the parental properties. So, under normal circumstances, all children and (in case of death of any child) children of the deceased one would have rights on the properties of parents.

    But in the present case, ''some properties'' and ''release of rights'' create many more possibilities. What is meant by some properties? What about other properties of your mother? What is 'release of rights' before 13 years'? Why after 13 long years does your brother start a litigation? Answers to these questions require more details/information. In absence of additional information, the question can't be answered at this stage.

    Caution: Explosive. Handle with care.


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