Can mother alienate father's self acquired property after his death 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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Vidhi Samaadhaan Vidhi Samaadhaan

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.

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Sidhaarth

Responded 2 years ago

A.Yes, all children including adopted son, daughter and mother are legal heirs of deceased father so the act of mother is illegal. Other legal heir can challenge the act of mother and can claim partition.
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Vidhi Samaadhaan Vidhi Samaadhaan

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.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
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.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.The bond is itself illegal and you can challenge the same by filing suit in the civil court and also file an injunction application for restricting anyone to deal with the property till the final disposal of the matter or if you don't wish to proceed legally than you may ask for an appropriate amount of money to relinquish your rights in the property and sign a deed to that effect on receipt of the amount. Legally all Alice legal heirs are supposed to receive equal share including the mother in the self acquired property of your father if he dies without making any will. Thank you.
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