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Author Topic: Can a parent write off the entire inherited property to one offspring?  (Read 433 times)

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Offline vrajeshwari

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Hi
My father recently died in Hyderabad without a will and we (mother, myself, sister and brother) have decided to put the property (apartment) in my mother's name. The property is my father's own, not inherited. We are currently preparing the document to complete these formalities and before I sign on it in court, I have the following questions. Really appreciate your valuable advice.

After my signing, in the event that my mother decides to write it off to my brother (sometime in the future), please advise whether:
a) She can do that way, as the property is inherited from my father.
b) Can I and my sister demand equal share at that point.
c) Since I signed on the document to put the property on my mother's name, will it be a hindrance in case I want to pursue legal options if scenarios (a) and (b) happens.

Regards,
Rajeshwari



Offline advabdul

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Once the mutation is done in your mother's name. The property would belong exclusively to her and she can do as she pleases.

But if she dies without a will than the same property. Will be divided equally amongst siblings
Advocate Abdul
I am Muslim law Advisor

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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If the Deed you have signed is being registered then I am answering as follows:

a) She can do that way, as the property is inherited from my father.
Ans: YEs

b) Can I and my sister demand equal share at that point.
Ans:No

c) Since I signed on the document to put the property on my mother's name, will it be a hindrance in case I want to pursue legal options if scenarios (a) and (b) happens.
Ans: You, dont have any legal remedy.

Once you have transferred your property share to your mother then you dont have any right, title and interest over same. Now if your mother dies intestate then there is a hope to regenerate of your undivided share of the same property
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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