Legal Question in Real Estate Law in India
My mother got share in property after her fathers death.now my mother wants to give her share to her brother. what is my position in property ? can i check my mother to give property to her brother ? i belong to a hindu family.
2 Answers from Attorneys
yes, you have a right in that share as it is not a self acquired property of your mother. still you may have to check the local laws.
In my opinion, you have no right in this property (inherited by your mother from her father). This is not counted towards "ANCESTRAL PROPERTY". Your mother is entitled to dispose of her property as per her desire. In law you cannot stop her from giving her entire share to her son.
"Ancestral property" is inherited from your male ancestors i.e. your father's and fore-father's property. Your mother's inheritance from her parents is considered 'self-acquired' in her hands. It is a part of her "istridhan" which she can dispose of her way.