Legal Question in Real Estate Law in India
My father died without writing a will. We don�t have any ancestral property, only house which my father earned. We are two brothers and two sisters and my mother. We had paid huge dowry for my sisters marriage. Now my mother wants to distribute the property among us.
1) I heard according to Hindu tradition, if we give huge dowry for girls marriage then we can give very less share in the property (around 10-15% each girl) as compare to boys(30-40% each boy) . Is it true?
2) Now how should be the property divided � into 5 equal parts (including mother) and mother can give her share to anyone whom she likes.
3) My mother wants to distribute the property as � 40% for each boy and 10% to each girl. Can she do this?
4) Can the whole property be transfered to one son?
Please help
2 Answers from Attorneys
all the legal heirs are entitled to equal share. any person can forgo their share in favour of another and dowry has nothing to do with the daughters share..The property can be transferred in name of one son provided legal heir give their consent.
All of you are entitled to equal share in the property .Dowry will not effect their right in the property .If they are ready to forego their share they can.
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