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Author Topic: Rights on Mother's Propert  (Read 1318 times)

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Offline reddy.joshna

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Rights on Mother's Propert
« on: July 10, 2015, 10:08:41 PM »
Hi,

My father had two families and my mother being second wife. I am the only son to my mother but my father had son and daughter with his first wife. Being a government employee he never dared to declare me and my mother as his wife and son but he was looking after us at least for basic necessities. in all my educational records also he put his name as father. He purchased a residential plot and constructed a house for us in 1989. in 2004 he registered the plot on my mothers name but she died in 2010 due to cancer. apart from this plot all the properties of my father are shared between his first wife's son and daughter and I never objected or demanded a share in that properties. Now after my mother's death he completely neglected me and trying to sell this property. Now I want to register this plot on my name but am not sure if who will have rights on this property and do I need the consent of my father for this? Which won't happen if yes as I already tried to convince him many times. Property documents are with me and I am also having the legal heir document which specifies my father name and my name on it. Please let me know if there is a chance that I can claim this property without my father approval? is there any chance that my brother and sister will have right of share in this property? in that case can I demand the share in properties they got from my father? When my mother died I got the death certificate being the only son to my mother but (I should not say this but I don't have an option), if something happens to my father do I have right to claim it??
Because my father's first family had never seen me even so they don't even let me to approach them.

Please advise

Regards
CJ Reddy

Offline kphk

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Re: Rights on Mother's Propert
« Reply #1 on: July 11, 2015, 07:05:14 AM »
In the property which was registered in your mother name, you can claim half share, the rest being your father's share and your brother or sisters cannot claim. But with respect to other properties that your father is holding, you will have a claim only after your passes away without transferring the property to anybody else. It is through intestate succession you will have your share along with your brothers and sisters. If your father either gifts or sells those properties or write a WILL bequeathing it to anybody, you can not claim. Remember that under some circumstances you can still wage a legal battle and snatch away few properties if you want to  ;)

Offline reddy.joshna

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Re: Rights on Mother's Propert
« Reply #2 on: July 12, 2015, 01:40:58 AM »
Thank you for clarifying my query. I don't want to have what my father gave to my brother and sister. I just bothered about this plot. Any how thank you for suggestion.
 I have one more query. Currently my father health condition is not good and he is not willing to stay with me even I am ready to look after him. in this situation if something unexpected happens in future what kind of hurdles will be there if i want to register the property on my name?? He led me no choice but to think this kind of worst situations.

Please suggest

Regards
CJ reddy

Offline kphk

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Re: Rights on Mother's Propert
« Reply #3 on: July 12, 2015, 02:34:16 AM »
Your half share in the plot is already secure, the other half under the ownership of your father. In case worst situation befalls, without your father either gifting the property or executing a WILL,  then the share held by your father in the plot will further be split into 4 between your father's first wife, her two children and you. So you will end up with 5/8th share on the plot in total. You can register it after getting a legal heir certificate/succession certificate from the court. you do not need your father's approval for that.

Offline reddy.joshna

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Re: Rights on Mother's Propert
« Reply #4 on: July 12, 2015, 04:18:44 AM »
Actually my father registered plot as a gift deed to my mother. even in that case does same applicable as what was specified in earlier reply??

Regards
CJ Reddy

Offline kphk

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Re: Rights on Mother's Propert
« Reply #5 on: July 12, 2015, 05:41:26 AM »
yes, gift of that particular plot is a complete transfer and it belonged to your mother. Since your mother passed away intestate, the devolution on the successors is as per law which happens in your case to be your father and your self.

Offline reddy.joshna

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Re: Rights on Mother's Propert
« Reply #6 on: July 12, 2015, 09:50:56 PM »
Thank you very much for clarifying.

 

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