Property issue
3 years ago
My mother has some land on her name.Iam feeding her for last 25 years.My mother is willing to give that land to me.But now,my brother who never seen her for these many years,took her forcibly to his home.my mother is 75 years.she can't live for more than a year.now he is saying that"wherever she dies,the property will be theirs".and he is even trying to sell that land.what's for me when I have seen her for 25years.please help me.
Adv. Anushka Dikshit
Responded 3 years ago
If it's ancestral - equally divided among the children/descendants
If self acquired - she can give it to whomsoever she wants.
You can get a will/gift deed made in your name if you wish to have the property.
Highcourt Advocate Chirivella Chandra Sekhar(CHANDU)
Responded 3 years ago
Point number
1) you have any will documents as your mother wrote likely, only you get this property after her death
2) Have not will or grand maa, grand father assets
Absolutely rights both persons get assets equally......
Don't think about this
You have also your equal share to asset commonly
Ankur Goel @ Complete Law Shield
Responded 3 years ago
How she got the land on her name ? if it is ancestor property then you have right.
If it is your mother own earned property then she can give to anyone she wants.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail .
You may get Gift Deed from her if possible. Otherwise approach Civil Court and get a injunction order restraining your brother from getting any document forcibly from your mother in respect of such property.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
If the property is self-acquired property of your mother, then she can transfer the whole property in your name. However, the right of both the children will arise, if the property is ancestral property
If the property is ancestral property, then the property will be distributed equally among all the children.
However, if the property is self-acquired property, then the person can transfer the property to whomever one wants to and can transfer the whole property in the name of one child.
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