Can mother alienate father's self acquired property after his death
2 years ago
My father died when I am too small and we are 3 sons and 1 daughter and one of my brother got adopted. We had a house which is self-acquired by my father. My mother gradually changed to her name on 1Re. bond about it. Now she want to give the whole property to my sister. Does me and my brother are legal heirs for that and how can we proceed to claim if we are entitled?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If the property is at present in your mother's name having proper legal documents in support of her title which had been done by your father prior to his death through transfer in registered manner,then that property being her self acquired property,then she can transfer it to your sister depriving other children and you cannot succeed.
If your father did not make any Will or registered Deed of transfer in favour of your mother prior to his death,however, taking advantage of the minor age of the children,mother being the natural guardian made the property in her name,then after attaining majority those children require to give her Notice for their shares in their father's property because in such case, after your father's death your mother is actually entitled to one fifth undivided share in your father's house which she can transfer in favour of your sister. You and each of your siblings are entitled to one fifth undivided share in your father's house and in that case you have to give Legal Notice to your mother and other siblings claiming Partition thereof in registered manner within stipulated period of time. Failing which Partition Suit requires to be filed in which at the first instance Status quo Order for not changing the nature and character of the property along with injunction against transferring the property during the pendency of the Partition Suit will be given.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Your father died without will. And your father purchase this property. After death your father all the secessior have right your father property. So your mother can not give all the property your sister.
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
No she cannot alienate the entire property in favor of your sister. If your father died without any will, then all the legal heirs will have a claim on the self acquired property of your father.
The mother cannot alienate the whole property to your sister, without the consent of the other legal heirs. All the legal heirs have a right on the self acquired property of your father. All have to get the succession certificate from the civil court of law to claim your share in the property, and then file for partition suit in the court.
Vaidehi Samant
Responded 2 years ago
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