Legal Question in Real Estate Law in India
Sister share on mother's name property
Hi My father has bought and cosnstructed land and hose on my mother's name and he died last year without any will. As property is on my mother's name can My married sister can claim the share in property . My mother is ready to right a will on my name. Can still we have to give share to sister
3 Answers from Attorneys
Re: Sister share on mother's name property
As per the facts, its your mother property and she can give it to anyone by her will.
However, your sister can still try to show that as the property is purchased from the father's fund and his recources and so as the father died without will, she has the right also. But it will be very very difficult for her to prove that.
Re: Sister share on mother's name property
Already replied.
Re: Sister share on mother's name property
First one need decide who is the owner - your father or mother or HUF. If your father or HUF was the owner, then rights of his heirs viz. widow, sons, daughters etc. created on the moment of his death. If your mother is the owner, then during her life time nobody has any right in the property. Further, your mother can dispose the her property either by sale or gift during her life time or can make a will for disposal after her death.
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