Legal Question in Intellectual Property in India

Re: Father's Inherent Property

Certain things needs to be clarified at your end. Which personal law governs your father ? Whether your father died intestate or he left a will behind him ? If he left a Will behind him then upon whom he bequeathed his estate ?

Unless these things are clarified, it will be difficult to express an opinion in the matter.

Re: Father's Inherent Property

Since the property is ur fathers self earned property, whereas you, yourmother, and your sister being the legal heirs of the property and hence as per the rules of the succession the property shall be inherated by all you three in equal proportion of 1:1:1. Mother cannot transfer the entire property in name of your Younger sister, but she can only transfer her share to your younger sister.

Re: Father's Inherent Property

First, you have posted the question under the wrong heading - it ought to have come

under 'succession' or property; not 'intellectual property'. I have a good mind to reject the question; but given its simple nature, I will answer it anyway.

Secondly, you should not post names in questions.

That apart, you seem to be from Kerala, and hence, fact that the house

is built using your father's own earnings is not relevant.

That being so, you, your mother and sister are equally entitled to the property. If your mother transfers any rights to your sister, such transfer will operate only to extent of your mother's 1/3rd

share. You cannot prevent you mother from transferring / giving /

gifting her share to your sister. But, if your mother is claiming that entire property as her own, you may have to go to court.

But, why is your mother claiming the entire property?? Such claims are

not raised without some serious reason.

Re: Father's Inherent Property

You appear to be a Hindu, hence as per Hindu Law, the class - 1 successors to a intaestate Hindu are his wife and children. Thus you will share 1/3 property of your father.

Since the property papers are in the name of your late father, now the first thing you have to do is to apply for succession certificate in appropriate court of law, detailing out all the property of your father. The successors will be you, your mother & sister.

Thereafter only your mother can transfer her share in the property to your sister other wise not.

If you want to be a sole sucessor to the entire property of the father , you will have to obtain a no objection from your mother & sister. In the alternative, you may among yourselves distribute the property and apply for succession certificate accordingly in the court of law.