Legal Question in Civil Rights Law in India
my father has purchase a property in the name of mother.Now he has expired two year back.we are 4 brother and sister.Sister are married.1 of my brother who is living with her is torching her mentally.So my query is that
1. can she give her property to any of us singly.
2.can she distribute the property among 3 of us by kick out legally
3.can she legally kick out him from her house by giving petition to administration.
4.can she sell the property
3 Answers from Attorneys
02.09.2013
Dear Sir / Madam,
As the Owner of the property, your mother can deal with the property in the manner she best deems fit. She can choose to do nothing about the property, and simply continue to enjoy its ownership. Later on, she may gift it to any of her sons or her daughter, or if she feels, she may even sell the property to a third party, or even donate it to a charitable trust.
Children have absolutely no say whatsoever, or reason to interfere in how their parents deal with their own property.
And about the behaviour of your brother who is living with, and taking care of your mother, unless your mother has actually complained to you several times that your brother is torturing her mentally, you should refrain from making any assumptions, especially if you are living your own life peacefully and separately, without having to take care of your mother. You should ignore it, and leave their politics to themselves.
Regards,
mother is the absolute owner and can give the property to anyone.
Adv. Rajiv
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