Legal Question in Wills and Trusts in India

Mother's Property

My mother had several self acquired properties. She had settled all the properties except one in favour of her son's during her lifetime, 30 years after her demise her son's have partitioned the undivided property in 2003. As daughter can I claim a share in the said properties.


Asked on 12/13/07, 3:53 am

6 Answers from Attorneys

muhamed mustaque mk associates

Re: Mother's Property

You should verify the mode of settling proeperty in the name of brother,if she doesnt have right on those property on her death it is difficult for you to stake a calim.However you should see the doceument by which your mother acquired the right over property ,if it is self acqusition, she has every right to dispose in the manner she wants including infavour of sons alone.

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Answered on 12/13/07, 4:05 am
RAJENDRAN PARAMESWARAN RAJENDRAN ASSOCIATES

Re: Mother's Property

To give a comprehensive reply further clarifications are required. For further assistance visit http://rajendran.parameswaran.googlepages.com/home

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Answered on 12/13/07, 4:15 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Mother's Property

If the property is in your brothers name and if she has not got any right on the property on her death it is very much difficult to claim. You havent specified weather it was a self acquired property and if it is then she has got complete rights to dispose at her will and consent.

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Answered on 12/13/07, 7:24 am
G. M. Gupta gmguptaandassociates

Re: Mother's Property

yes u can claim but still its not absolute. without going through the documents we can not advice properly.

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Answered on 12/14/07, 12:15 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Mother's Property

You can claim a share in your mother's property which have not been settled by her.

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Answered on 12/13/07, 8:58 am

Re: Mother's Property

Yes,you can claim share being legal heir of mother as are your brothers.

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Answered on 12/13/07, 10:25 am


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