Legal Question in Wills and Trusts in India

Re: Division of property

There is no provision to claim any property from your mother or nothing like division of property where the owner is alive. It possible only if property is of HUF where each co-parcener are owner. It is better for you to be good with parents so that atleast you may be considered when they prepare WILL otherwise even after their demise you may not get anything.

Re: Division of property

Sir,

For a property to be partitioned two essential elements should be present, i.e. first of all the property should be a joint family property and secondly you should be a coparcener in it.

Here in your case, the property seems to be you mother's property and the same would be her sole property which you cannot partition.

Furthermore if the same is registered as BENAMI then also it ought to prove that the property was purchased for the benefit of the family and was from the income of the joint family to get the benefit of partition.

But if the same is purchased from the self earned income of your parents, then you stand no right to cliam any partition of the property. Only it is after the death of your father or mother, their property would develove upon to you of your respective share available by law of succession. And if there is any will then by the recitals of will.

Re: Division of property

Clarify as to whether it is your mothers self-acquired property or ancestral in nature and then we can arrive at an opinion.

Re: Division of property

Hi Anonymous,

You have not clarified to which religion you belong. From your question it seems that your mother purchased the property and that she is alive.

On these assumptions...

you cannot demand partition of her property as of right. What you presently have is only " Spes Successionis " or "a hope to succeed" to your mother's wealth. But if you belong to a Hindu Undivided Family, laws applicable may be different. How your mother acquired the property is also relevant here.

If she dies intestate, you will have a rightful share in her property in accordance to the state law applicable to your religious community.

She can execute a will to bequeath the property to the person(s) of her choice. You cannot question even if she sells/mortgages/rents her property to someone or if she settles or bequeaths whole/part of her property to your younger brother, dad or to anyone.

From the circumstances narrated, it is felt that it is better for you to get immediately into good terms with your parents rather than going for an unfruitful law suit, which can spoil any chances of a future bequest in your favour. If your parents wanted you to live separate due to any quarrel or insubordination on your part, correct yourself and ask the parden of your parents. May be they just wanted to live alone or they wanted you to become more responsible by living separate. May be it was their trick to domesticate you. Anyway, as long as you want a share of your mother's property your parents have a good rein on you... realise that and accept the reality... it is all for your good...

All the best... think n' act wise !