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Anand

Monday, June 17, 2013

Property & Wealth Inheritance Laws in India - For Women


India as a country is known for its family ties and relationships worldwide. But, one of the things that is rampant in India but is unknown to everyone is that, Men still continue to cheat their female siblings of their fair share in their parent’s wealth. Most people I know are not aware of the Property and Wealth Inheritance laws and are not aware of the rights that the Women of this great country have. The idea behind this article to create awareness on the rights that women are entitled to so that they can get their share of their parent’s wealth.

If you read this article and found it useful, please share it with your friends both Men and Women. If Men know these rules, they can help their Wives get their fair share too, isn’t it?

Why are Women Unaware of their Rights?

Our Indian culture has for many thousands of years treated men as people who lead families and be the heads of next generation and women as someone who will go to some other family after marriage and start a new life. Women don’t usually involve in important decision making processes and are confined to the households. Though this mind-set is changing or should I say has changed a lot in the past 2 or 3 decades, the fact of the matter is that, this mind-set is deeply rooted in all the minds of still a vast majority of the population in our country. This is one of the biggest reasons as to why Women in India are not aware about their rights when it comes to Inheritance Laws...


What are the rights that Women have when it comes to Property Inheritance?

Women have equal share in their parent’s assets & property - the same as what their Male siblings have.

If Mr and Mrs. X have 3 children, all 3 children will get 33.33% of their parent’s assets irrespective of whether they are Male or Female. This is the current Law in the country.

Quick Question: Did you know this???


Is this what happens in Real Life?

The current reality if I have to summarize the situation in one sentence is

Brothers do not share wealth with Sisters - Period...

I am not saying that all men cheat their sisters but the sad reality is that, knowingly or unknowingly men end up doing this. Being unaware of a law doesn't justify doing a mistake. In most families where there are both sons and daughters, the property sharing usually happens only between the male children of the house. The women are considered a part of the family into which they are married into and hence are not considered as rightful shareholders in the parent’s property. So, in almost all cases the property gets equally divided among the sons and the daughters of the house are left out.

Are Women Really a Part of only the family into which they got married into?

No. The Indian Laws are very clear in this aspect. If I have Rs. 100 as assets at the time of my demise and I have one son and one daughter, my assets must be split equally and my son and daughter both will get Rs. 50/-


Yes, Women Too are valid and legal heirs to their Parents Wealth!!! The daughter has as much rights to her parent’s wealth as what the son has.


Do Women have equal rights at all time?

Actually No.

If a legal WILL is written and registered, the property will be shared according to the will & wish of the owner of the property. However, this concept of writing a WILL hasn’t really caught up in our country. So, in almost all cases the legal inheritance happens as per the Indian Succession Laws. The sad part is, most people do not really understand the laws clearly and think that only the Son gets his parents wealth.

Last year I had written an article titled Have you Written your WILL? where I had explained about the importance of having a WILL. As a parent, it is our responsibility to ensure that our children do not end up like those movie children who fight over their parent’s wealth after their parents are dead. If we write a WILL which clearly states who gets what, we can avoid a lot of problems in future, can’t we??

Trivia:

If the father or mother have a legal WILL that is written and registered which says that all their wealth belongs only to their son, the daughter has no right to inherit anything from her parents. For that matter, in case if the deceased individual left all his assets to his dog-walker and left out both his son and daughter out of the WILL, neither gets a penny.

The Indian Legal Succession laws of equal share come into picture only if there is no WILL in place.

If you are a woman who was cheated or know a woman who was cheated, you might be wondering what their options are. Isn’t it?

Next Steps - If you got cheated out of your fair share in your Parents property:

Consult a good lawyer and explain the situation. As of the date of death of your parents, whatever assets they had has to be equally divided (based on its monetary worth as on that date) and be shared among all the children. So, if you had a brother who cheated you out of your parent’s wealth, you can legally file a lawsuit against your brother to get your 50% share on your dad's wealth.

There are a lot of people who are not ok doing this because of the uncomfortable family situation that will arise due to this kind of a legal case and so, they are ok to give-up on their rightful share. If you are ok with that, then there is not much anyone can do. But, if you are someone who needs some financial support and are seeing that your sibling has inherited all your parents’ wealth and has cheated you off your share, you can always stake your claim and get the share that you deserve.

As I said before, I strongly urge you to read my earlier article titled Have you Written your WILL? and make sure that you create your WILL before your time to ensure that our son does not cheat our daughter out of her rightful share in our assets. At the end of the day, you never know if your son is going to do in future. He may be the loving brother who takes amazing care of his darling sister or end up the cold-hearted villain who cheats his sister...

116 comments:

  1. does the woman also need to share the responsibilities left over by the parents sudden death, when she is taking the share from the parents property.

    ReplyDelete
    Replies
    1. Hi Durga Prasad - What do you mean by responsibilities?

      Anyways - Sharing responsibilities is between you and your sister(s) to decide but when it comes to the property left over by your parents, your sister(s) will get an equal share.

      Anand

      Delete
  2. Does a daughter in law also has a legal right on her in laws property spcly when that property is bought by sons and registered in their mothers name?

    ReplyDelete
  3. A father made a will leaving 50% of his assets to his wife and the balance 50% to be divided among his 2 sons and 1 daughter. The will also has a specific clause that his self purchased residential home will go to his wife. She during her life time has full right to sell it /dispose it or will it to any one. But if she does not do so then after her death it will go solely to the youngest son as the eldest son and daughter already had a property each to their name ( probably purchased by father) and they nor their heirs will have any claim on this property. At the time the eldest son had moved out of the home and had been abroad for about 20 years. Daughter was married and stayed in another city. On the premise of the father the 3 children sign a stamped paper saying they had no objection to this clause. The flat is transferred to the wife ( mother) and she nominates the youngest son in the society records. The mother leaves a simple hand written note dividing her assets between her 3 children and grand children. The note also mentions that the home should go to the youngest son. A few years later the son also passes away. At the time the eldest brother and sister had signed on stamped and notarised paper that they had no objection to the home being transferred in the name of wife of the deceased. Now the eldest son has also expired. Can the widow of the eldest son / sister now lay claim to the residential property. Thank you. Lila Shah

    ReplyDelete
    Replies
    1. Hi - I dont think so. anyways, I would suggest you check with a lawyer to double confirm. The situation explained here is fairly complicated and its best you get advise from a qualified lawyer

      Delete
  4. Hi Anand,
    My grandfather has three sons and one daughter(my mom). My mom died three years before because of cancer. My grandfather had one own house costs 24 lacs. Two years back my grandfather sold the house and gave share of Rs.5 lacs to three sons and son-in-law(my father) thro his own interest. Now two of my grandfather's sons are quarrelling with my father asking for that 5 lacs rupees that was given by my grandfather. They are saying like son-in-law does not have any right in the share. Please tell me according to the law.

    ReplyDelete
    Replies
    1. Anonymous - As husband of the woman who had equal share on the property, I see no issue as to why your father should not get the money from your grand father. Son in law technically does not have any share but on behalf of his wife he has a share and accepted that. So, this should not be an issue.

      I suggest you consult a lawyer who can give a more qualified advise.

      Delete
    2. Thanks for your valuable information at the right time. Thanks a lot.

      Delete
  5. Hi, Anand. We are eight brothers and sisters and we have inherited a house property from our mother who died intestate. We have done mutation for the property in our individual names separately with the local municipality. Our eldest brother stays in the house along with his wife only. His daughters are married and stays elsewhere. All of us are staying in various parts of India and abroad and have got our own house built from our own sources. We are interested in selling our house and we are getting buyers. The problem is our brother who stays in the house is demanding a very high sum, and a flat in addition as a condition of sale of the house. His contention is that he does not have a house and that is why he needs to be rehabilitated from the sales proceed. Is it permissible under the law, that since he did not make any provisions of his own, then his claim over inherited property goes up with respect to the others? Is it incumbent on the remaining inheritors to rehabilitate him as per law? Can he continue to defy the combined wish of the other inheritors and deny them any rightful privilege of appropriate action ,by opposing the sale of the house unilaterally, until his demands are met? What options do we have to overcome the situation? Thanks & rgds

    ReplyDelete
    Replies
    1. The situation is a little complicated and since the eldest son has been living there for many years, there may be legal complexities involved. It is not as straight forward as divided by 8 since there are 8 children.

      Please consult a lawyer who is qualified to advise you the right way out. Am just a freelance blogger.

      Delete
  6. Hellow sir my mom had two brother n one sus... Her dad died on1997... Her mom is stil alive.. Property of her dad is not shared yet... Now her brothers telling u people r nit having rights to get equal share ... Wats d reason i dont know... My mom got married on 1987... Before 1995 if women married then der is no riights to ask property .. Is it true? Is she has rights?

    ReplyDelete
    Replies
    1. Hi Ratna - Please consult a lawyer who is qualified to advise you the right way out.

      Delete
  7. Hi Anand,

    Let me specify the situation of our property and family conditions.

    Property - A house acquired by my father (not inherited). It is a kind of new layout/extension site sold by government and my father built a home with his savings after retirement as a government employee.

    My father expired after prolonged illness without making any WILL. So we three (2 brothers and 1 sister) signed a notarized no-objection statement for the transfer of ownership of house in favor of our mother. So the government authorities verified all the facts like family tree etc and ownership was legally transferred.

    My mother also expired soon after the transfer of ownership without making any WILL.

    We are 3 siblings - 2 brothers and 1 sister. Both brothers are unmarried and sister is married (long back).

    One complex issue has been that the eldest son is classified as seriously mentally afflicted (paranoid schizophrenia). So as the youngest son, I am bearing all the expenses of his rehabilitation, medication etc. He is aged 56 and doctors have given very little hopes of his recovery as a normal and logical thinking person. So I am in the process of getting the family pension extended to him and myself acquiring the role of his guardian as per laws. Guardian certificate is needed for government to transfer pension etc.

    Now, my queries

    1) According to the law, my sister is eligible for 1/3rd of property. She got married long back (1975). Does her date of marriage make any difference for eligibility (proportion etc)?

    2) Again my elder brother too gets eligible for 1/3rd of property. As he is classified as mentally unstable, what would happen to his share after his death? He is unmarried. As I would be his legal guardian, would I get entire rights of my brother's part? Or again would my sister be eligible for his half so that it would be 50:50 for me and sister?

    3) Since I was the main financial care-taker of my parents home needs/treatment during final phase of their lives, does it give any special privileges to me? My father and mother earned their pension/family-pension but I had to bear all other extra requirements.

    4) Since I am bearing all the expenses of my brother's treatment (he has been continuously placed in a rehab center), does that give any special privilege in brother's proportion after his expiry? Also I would be his legal guardian for treatment, pension etc.

    5) Since my sister has 4 daughter (3 married as of now), will their (daughters of my sister) concurrence be required for any type of transfer/sale of my sister's proportion?

    6) Can I make a WILL for my proportion (1/3 or 2/3) now itself?

    I intend to settle the issue amicably as soon as possible with the goodwill of all.

    Please advise.

    ReplyDelete
    Replies
    1. Harsha - I am not qualified enough to advise on such complicated legal matters. Please consult a Lawyer.

      Anand

      Delete
  8. hello ANAnd,
    question.: Am i able to claim a share of my grandfather s property with my father having refused a share by signing a power of attornery over to his 2 brothers?
    The point being that my father may have refused his share owing to personal belief systems but i would like to step in for his part.
    thnx sanjay

    ReplyDelete
    Replies
    1. Sanjay - I am not qualified enough to advise on such complicated legal matters. Please consult a Lawyer

      Delete
  9. Hi Anand,
    We r 2sisters and 1brother. When my dad passed away in 1997 I signed a no objection letter 2 transfer and sell the mumbai property.
    Withh the sale proceeds my mom bought an apt. In Solapur and a plot in Tumkur. My also had purchased a plot in Solapur. Now my mom has only 30% sight due to glaucoma and myopic degeneration. She has sold the Tumkur plot at 10times the original price and claims as her profit earnings. I hve come to know that she has made a will in the presence of my brother and sister and hve not told me the details. Can i contest this kind of will? Can i claim my equal share because i had invested my earnings in the repairs and renovation of the Mumbai house? Thanks

    ReplyDelete
    Replies
    1. Anonymous - I am not qualified enough to advise on such complicated legal matters. Please consult a Lawyer.

      Anand

      Delete
  10. Hello, My father passed away 2 years ago. His sole property had been a house that I had built for him with my own hard earned money. My father made a will stating clearly that Im to inherit the house house but he adds that in case i want to sell it i have to fullfil my duties to my 4 elder sisters. My sisters are all married and living comfortably. what can he mean by 'fullfill my duties ' because ive already done my duties towarda my sisters. Recently i ve trying to sell the house and one of my sister is threatening to go to court because i did not ask for their consent. what do i do ? please advice ?

    ReplyDelete
    Replies
    1. Anonymous - I am not qualified enough to advise on such complicated legal matters. Please consult a Lawyer.

      Anand

      Delete
  11. MY FATHER AND ME (ELDER SON) ARE JOINT OWNER OF A FLAT. I AM MAIN AND FATHER IS CO-OWNER IN SOCIETY AND FOR HOUSING LOAN .
    I PAID SOME INSTALLMENT AT STARTING BUT LATER I WAS AWAY FROM CITY BECAUSE OF SERVICE. SO MY FATHER CONTINUE PAYING HOMELOAN, BUT AFTER 7 YEARS HE PASSED AWAY, LOAN IS REMAINING FOR 11 YEARS.
    I HAVE MOTHER, AND 2 BROTHERS, KINDLY GUIDE ME WHAT HAPPENED TO FLAT WHICH IS JOINTLY OWNED BY ME AND MY FATHER,, AND HOW WAS PROPERTY DISTRIBUTION.....
    THANX REGARDS..
    RAJESH

    ReplyDelete
    Replies
    1. Rajesh - Please consult a Lawyer. I am not qualified enough to advise on such complicated legal matters

      Delete
  12. Dear Sir,

    One lady had a property and she died recently. She has a son(unmarried) and a daughter (married and has 4 children). As per the law, both son and daughter has 50% share. In case the daughter expires, it needs to be distributed to her children too.

    One gentleman is commenting that if the daughter expires, the property will have 5 owners with EQUAL rights. That means the alive son also would only get 20% share instead of 50% as I believe.

    Please clarify.

    ReplyDelete
    Replies
    1. Harsha - No, that is not possible. What if the other party had 5 children and died before the property is shared? Will the property be split into 9 parts? No, definitely not.

      the 4 children of the Daughter will have a legal right to claim whatever share their Mother had on that ancestral property. So, they will get that 50% their mother was supposed to get and will be sharing it equally within themselves.

      I am not a Lawyer, so it is better you consult a good lawyer to confirm the same.

      Delete
  13. My Grandfather who had passed away last year, owned some land that he himself inherited from his father (my great grandfather). In my grandfathers's will, he had granted all the land to be given to his son upon his death. Since he inherited the land and not purchased it, does my grandfather have the right to
    give to whomever he pleases and not distribute it equally to his 4 children?

    ReplyDelete
    Replies
    1. MM - Usually whatever wealth I accumulate - I am free to give it to anybody I want. Inherited Wealth and property is slightly tricky and it is best if you consult a good lawyer. I am not a legal expert to comment on such complicated situations.

      Delete
  14. My father in law died in 2012. Did not make any will. He had a house which he wrote on his elder sons name before he died. My dad in law has 2 sons n 2 daughters, all married. now the elder son made half of the house as gift deed. To his brother, who is my husband. this was before my father in law died. now he is not ready to give that half portion of the house. and in the gift deed there r no measurements as of which one is whose portion.

    ReplyDelete
    Replies
    1. Anoymous - Please consult a Lawyer. I am not qualified enough to advise on such complicated legal matters

      Delete
  15. I have a serious problem. my mother posses a house which she bought out of her own money before 28 years. I have one brother and one sister. in the year 2004 my sister and myself demolish the old structure and constructed a new house on the same land. at that time it was decided by my mother that half of the property will go to my brother and half will be divided between both of us that is myself and my sister. my mother had a registered will for that. she is still alive. now the problem is that my brother is harassing my mother to give him 75 % of the property.I belong to a muslim family. what is the shariya and what is Indian law in this reference.please answer.my email is tmina186@gmail.com

    ReplyDelete
    Replies
    1. Anonymous - This is a complicated legal situation. You should consult a good lawyer. Sorry, I am not qualified enough to advise in such cases.

      Delete
  16. Hi Anand,
    What if the parents have only one female child & after some time the father passes away without any will? In that case does the remaining property get distributed to 50% to wife & 50% to daughter?

    ReplyDelete
    Replies
    1. Hi - If there is No Will, As long as the mother is alive, usually the property goes to the Spouse by default. The mother can share her wealth with her daughter as she likes but I dont think this 50-50 rule is applicable until the spouse is alive. Anyways, Please consult a good lawyer. They can guide you with 100% certainty

      Delete
    2. Hi sir i reyally need your help i am mentaly suffering a lot if u clear me some of my doughts it will be great. When i was got married my father wrote village house for me And there is big house in hyderabad. Since my husband i were financialy low we asked support just to stay so they build us a 2 rooms on top floor. After my brother marriage i was insulted and forcebly thrown out of the house. Sir please tell me do girls have equal rights of property. When i spoke to one lawer she said the law has chaged the property person can write whole property to any one he wants. Sir please do reply to my messge through mail id i will be waiting

      Delete
    3. Hi unknown - As long as your father did not create a WILL that says all his property has to be given to someone, all the children - both male and female will have an equal stake in the property. Yes, the law is that, if I earned and accumulated my property I have the right to give it to anyone I want. However, that has to be done via a proper WILL. If I dont create a WILL, then all my children will have equal rights in my property.

      If your father is alive and all his property were earned by him (not ancestral/inherited) he can give it to anyone he wants.

      Consult a good lawyer. They can help you.

      Delete
  17. Dear sir ,
    I have my father property (1 house & 7 acre agricultural land ) in Goa . Can my sister force me to sale these properties ?

    ReplyDelete
    Replies
    1. Kiran - Force you to sell - NO. Ask for a share in the property - YES.

      Delete
  18. After getting 50 % share in my father property , can my sister sell that agriculture land ?

    ReplyDelete
    Replies
    1. Kiran - if the property is jointly owned by you and your sister - 50:50 since it is your dads property, she can sell her portion of the land. If she has already gotten her 50% share then she cannot stake any claim in your 50% share.

      I suggest you better consult a lawyer.

      Delete
  19. Anand, suppose a house property has shares to each of 3 children of a person who acquired the property and died without any WILL. Can any one of the children force a SELL, even though the other two are preferring to keep it for some more time (for sentimental values, possible market value appreciation etc)?

    ReplyDelete
    Replies
    1. It depends Harsha. If the 3rd sibling is willing to accept cash settlement in exchange for his/her share of the property which the other 2 are not willing to sell, then I guess it should be ok.

      Anyways - it is a lot easier to come to a compromise without involving lawyers. If that doesnt workout - its best to consult a good lawyer

      Delete
  20. Hi anand
    first of all thanks for the wonderful article . for my situation My father dies few years back and left NO WILL , at the time of his death he own a land and a house as well and some money in his bank account . we are 2 Brother and 3 sister . i am the oldest sister. does we sister's have a share in all land,house,Account money?... is there any condition at all to be eligible for share like female have to single or divorce? and if my brother had put only there name in all the paper what should i do?... will our sisters have to claim to get the property ? without claiming cant we get it?.. it would be very helpful if you can point out some on the section/clause in the law which i can refer related to this type of situation..
    Thanks in advance .. hope you reply soon..

    ReplyDelete
    Replies
    1. Hi Anonymous - As I have told multiple readers here - I am not a Lawyer to cite sections or clauses from Indian Law. I can only advise from the financial point of view because I am just a blogger.

      Anyways - Yes, you are eligible to get equal share on your fathers assets - including cash in his bank account. Ideally speaking all the assets have to be divided by 5 and then shared equally among his children. Whether you will get it without claiming is a question you should ask your brother. In most families Brothers are very cordial and share their parents wealth with their Sisters without any pressure from either them or their lawyers. If your brothers are not interested in sharing the wealth, you can try to talk with them and if that doesnt work either, consult a good lawyer. They can help you.

      Anand

      Delete
  21. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. Hi - I am not a lawyer but I can tell you that if you want your share of the property you have to either convince your parents to give it to you or go to the court. There is no other choice. If you want legal advise please consult a good lawyer.

      Delete
    2. This comment has been removed by the author.

      Delete
    3. As I said - Yes it is possible if your parents agree to give you the share of their property when you ask them. If they dont agree, the only option you have is to go through a lawyer.

      Delete
  22. We are 2 daughters and 1 son family. My father has a property which is solely earned by himself. He wants to write the property on 2 daughters name and he doesn’t want to give anything to son. Can he do the registration without involving son? Can son demand the share?

    ReplyDelete
    Replies
    1. Legally the son can claim an equal share but since it is your fathers self-earned property he is free to do whatever he wants. However, the son can create legal problems. So, it is better to consult a good lawyer

      Delete
  23. we are 5 sis n 3 bro. my father died in 1984. my elder bro(x) takes sign of all my sisters even me n 2bro.n my mother, but in that case my youngr bro.(y) was under age around (17 yr). so bro(x) came with his advo. for next procedure abt the property. advo told that "who will taking care of this property" so we all family members js sign for taking care of property. aftr few years my younger bro(y) js read all the legl document of that case
    he demand share in our property property cost around 70 lakhs.
    each will gt 7 lakh and due to under age he fight for his rights and he gt one shop in our property
    remaining share still pending since 1984
    bro(x) said that i will gv monthly Rs.5000/- for mother since last 30 year he not gv any money to his mother
    my ques is that " if i fight for the property, will i have any rights for this case? "

    ReplyDelete
    Replies
    1. Anonymous - As far as I know, if you have already signed the property sharing agreement, legally you wont have any claims. Anyways, I am not a lawyer and it would be better if you consult a good one.

      Delete
  24. Why should not make it compulsory law to give a Fathers Wealth to women/Daughters. Afterwards Women Will decide that she want that wealth or not.

    ReplyDelete
    Replies
    1. Not everything happens by law in our country. As per our law - a daughter has equal right in her dads property. Do you think they get it? only a very small % of women actually get their fathers property. Another small % fight for it legally and get it from their brothers. The remaining dont get it at all.

      Delete
  25. sir, read your page on legal rights for women on property. my father is a police officer retired. i was given to my mothers elder sister as they had no children.theres nothing like adoption on papers. in my records my education passport aadhar card evrything ,the name of my parents is adopted parents name. i was raised by them. but when i was at my 12 class, they adopted a baby boy an orphan, cz of this i was taken back by my birth parents. i got married and have adaughter of 6yrs. cz of troubles in marriage i am staying away from my husband since 4yrs. in all this me n my daughter are suffering a lot. sir, can i claim for property. it is his self owned property.
    if so plz can u suggest me regarding this. how can i contact you. sir can u tell me how much time it may take.

    ReplyDelete
    Replies
    1. Please consult a good lawyer. I am not qualified enough to advise on such complicated legal matters

      Delete
  26. Hi Anand, my father has 3 brothers and what ever land papers were there from my grad father, they have been there with my elder uncle. My father and uncles have never done an appropriate division of land and after my grand parent death , all the land papers are lying with my elder uncle. Very recently we came to know that his son is trying to get all the land papers by his name. Now he is very reluctant to distribute the papers to us. Kindly let me know what needs to be done to handle issue ? Is there any way to declare entire land asset as Government asset ??

    ReplyDelete
    Replies
    1. No, land owned by an individual or family cannot be taken over by the government. Please consult a good lawyer. Your uncle cannot try to keep the entire property to himself. Your father (and his other siblings) will definitely have an equal share on the property

      Delete
  27. hi Anand, my father has 3 children 1 son & 2 daughters..i am first daughter i loved a person & got married to him in 1981.. without my parents permission..& left my parents house & stayed with my In-Laws..my parents called me back after 1 month & from that day me with my husband started staying with my parents..there was a reason for staying as my mother was sick they wanted someone to be with my mother to take care of her..my father requested me to stay back & build a house at the backside of his property..then in 1986-87 i built 3 square house spending round about 55 thousand rupees. my parents told me that portion what i built with a room where we stayed attached to this new construction would be mine..my mother expired 5 years back.. even before death she told that i will not be cheated in property issue..now my father has changed..he tells not even a single penny will be given to daughters..he will demolish the house now & wants me to vacate...now my question is will i get the property or can my daughters who are 31 years & 24 years can claim for the same..please let me know if there is any way to handle this issue? It is my fathers own property.

    ReplyDelete
    Replies
    1. Hi, I am not a lawyer and cannot be the best person to advise on such legal matters. However, if the property is entirely owned by your father and he is the one who earned and built it (not an ancestral property that he got from his parents - your grand parents), he is free to do whatever he wants with it. However, as daughters you and your sisters will have a share in his property and can consider legal options to get that share.

      Better consult a good lawyer.

      Delete
  28. hi, anand
    My aunt (mothers elder sister) who is unmarried wants to make me the legal heir of her self purchased property.she has prepared a will stating iam the legar heir after her demise. She has 3brothers & two sisters, will they be able claim the property even after the will.please clarify

    ReplyDelete
    Replies
    1. No, I dont think so. But, I am just a blogger. So, you must consult a lawyer to confirm this.

      Delete
  29. Greetings, The details provided by you is very simple & straight for a layman to understand. Thank you so much for making it so simple. I have a question if parents have 2 daughters and currently residing in rented apt after their death can the property to go married daughters with WILL or without WILL?

    ReplyDelete
    Replies
    1. If the couple have only 2 daughters then by default their property/assets will go to their girls and shared equally. A Will is only required if the parents want the %share to be different between the 2 daughters or if they want to include someone else (say a nephew or brother/sister etc)

      Delete
  30. my mother has 2 brothers and 1 sister, my grand mom has given all the assets to his sons, nothing to my mom and her sister,so is there any possible to send any action against to my grand mother, and my moms brothers

    ReplyDelete
    Replies
    1. Yes, I think you can. However, if your mom or your aunt have signed any document saying they dont want any share on their mothers property then you cannot take any legal action.

      Your mother can file a case to stake a claim in her mothers property and this legal case may go on for a few years before you can get results. Consult a good lawyer

      Delete
  31. Greetings of the day. We are constructing our new home. Our mother has given us the property for which we have our own registry of floors. Now our sisters are coming and giving us warnings to give us property. Is it legal? Our mother is still alive and she had signed all the papers pertaining to property to be given to us before 2 years. (Our father gave the property to our mother and now mother has given to us). Is there any right of the sisters in the home which we are constructing and not selling. Please help at the earliest.

    ReplyDelete
    Replies
    1. When there are multiple siblings involved, usually a no objection certificate or signature is required before one or more of the children can stake a claim to the property. Anyways - the laws are different if it is ancestral property or self earned.

      Better, you consult a good lawyer for help. I am not qualified enough to advise in such complicated legal maters

      Delete
  32. which Indian laws I should refer to know my entitlements to succession of wealth/property as an unmarried daughter? want to increase my know how's of the legislation .thanks

    ReplyDelete
    Replies
    1. I would suggest you consult a good lawyer.

      the standard rule is - there is no gender discrimination or discrimination because the son/daughter is married/unmarried. If a father/mother have 3 children all 3 of them have equal rights on the ancestral property that the father/mother owns. If the father/mother want they can give their self-earned wealth to whomsoever they please irrespective of whether the person is their son/daughter/family member/friend etc. This can be done using a WILL. In the absence of a WILL by default the children will have equal claim.

      Delete
  33. My father had two child(son and dauter)my property all my mother name how to share both child pls replay to me

    ReplyDelete
  34. Unmarried issueless Hindu woman dies intestate. Her Parents and 3 married brothers predeceased her. One unmarried brother is living. Do the wives and children of predeceased brothers have equal rights to property along with the living brother? Property is willed by woman’s father and / or acquired from family funds. Can u pl clarify?

    ReplyDelete
  35. my family we are 2 sisters and one elder brother,my father died due to cancer when am at the age of 14 and my mother got my fathers government mill job and still she is working,the property of 15 cent of land and home was bought by my father (no grand father money in it)my father fall sick and died(no will).we all three grown up in my fathers home.During my age of 25 and my young sister was 22 my mother took us both to register office and ask us to sign some documents saying that they need transfer the property to mothers name,so that she will give some money in our hands after our marriage so we signed the documents and they send us home no copy given in our hands, this happened on year 2009.After our marriage on 2012 they didn't give any money ,i finished nursing i worked 7 years for my family and gave my earning to my mother.my marriage expenses given from it, i came to mother home for pregnancy ,i saw our property documents has been changes to my brothers name.we got cheated now my brother,he don't want to give any money or share from our father property saying that we signed documents to change on his name.

    WE both sisters got betrayed by my mother and brother.can indian law can help me in this regard???or i got cheated nothing cant be done??

    please help us with advice to get share from our father property.

    ReplyDelete
    Replies
    1. Since you actually signed the property documents, technically you agreed to give up on your share of the property. However, you can consult a lawyer to check for options to try to stake a claim in your dads property. Talk to a good lawyer. they can help you

      Delete
    2. Since you both had crossed 21 in age, both the signatures are legally respected by the court. Check if you can get a copy of the document that you signed. It seems that you both signed to give up your shares completely to your brother. In that case, law is blind and would support your brother. Your contribution to family expenses etc are not considered. Please have legal opinions from experts.

      Delete
  36. my husband just is a bigtime pretentious man, a compulsive liar, his parents died recently and now he wants to give all his father's property and mother's jewelery (including some of it was gifted to me) to his sister. He does not want to give me a single penny, what are my rights if I stay married to him? I have a daughter, what is her legal right in this case?
    He is threatening to divorce me? He is very controlling and I am very scared of him right now, please advise.

    ReplyDelete
    Replies
    1. If his father had a WILL that said all his wealth should go to his daughter then yes your brother can give it.

      If there is NO WILL then the property should be ideally split 50-50 between your husband and his sister and you/your daughter can get 50% of your husbands property as well.

      Anyways, Pls consult a good lawyer. They can help you

      Delete
  37. Hi Sir
    My grandfather gave my father a plot. My father after grandfather's death constructed a complex in the inherited plot.Now my father is threating that he will make a will on someone else so that I don't get the property. If a move to court after my father's death will I get back my father's inherited property because it is my grandfather's for the grand children

    ReplyDelete
    Replies
    1. This whole concept of grand fathers property going to grand children thing is highly debatable especially if your dad makes a proper legal WILL saying that someone else should get his property and not you.

      Please consult a good lawyer here for proper advise.

      Delete
  38. my family we are 2 sisters and one elder brother,my father died due to cancer when am at the age of 14 and my mother got my fathers government mill job and still she is working,the property of 15 cent of land and home was bought by my father (no grand father money in it)my father fall sick and died(no will).we all three grown up in my fathers home.During my age of 25 and my young sister was 22 my mother took us both to register office and ask us to sign some documents saying that they need transfer the property to mothers name,so that she will give some money in our hands after our marriage so we signed the documents and they send us home no copy given in our hands, this happened on year 2009.After our marriage on 2012 they didn't give any money ,i finished nursing i worked 7 years for my family and gave my earning to my mother.my marriage expenses given from it, i came to mother home for pregnancy ,i saw our property documents has been changes to my brothers name.we got cheated now my brother,he don't want to give any money or share from our father property saying that we signed documents to change on his name.

    WE both sisters got betrayed by my mother and brother.can indian law can help me in this regard???or i got cheated nothing cant be done??

    please help us with advice to get share from our father property.

    ReplyDelete
    Replies
    1. You and your sister should have gotten an equal share of your fathers property but since you both signed the papers, it may be very difficult to actually get the share because the law is very clear. If you willingly signed the NOC to allow someone to get a property, you cannot change your mind in future. But, in this case it looks like cheating. So, contact a good lawyer. They can help you

      Delete
    2. How about filing a case in civil court declaring the papers which I signed in register office as null and void?? Can it help me??

      Delete
    3. It cannot be made null and void by just putting a case since you both signed willingly. As I said before, consult a good lawyer to learn your options.

      Delete
    4. After 6 years, you are raising this issue. Law can help only those who have/had unsound mind or were drugged during such registrations.Only such people's signing can be questioned. But you visited the registrar on your own and signed. Law is just blind for all oral assurances etc.

      Delete
  39. Hi Anand,
    I am Swaroopa,married I have parents and only one elder brother. My parents have a own house worth of 1.5 crore.They have promised me and my husband that we ll get half share of the house during our marriage after their demise. but to our surprise y parents bought a flat of 35 lakhs without our consent and now saying that I as a daughter will not have any share from the house later
    I asked that as they gave my 35 out the 75 which i need to get i asked them to write a WILL that after their demise if we sell the house and get an amount deduct my 35 out of the half share and give me the remaining amount ....
    Am i doing anu wrong Anand....Is it not my right to have my share??
    Please guide me

    ReplyDelete
    Replies
    1. Hi Anonymous - Yes you are right in trying to claim a share of your parents property. Consult a good lawyer. they can help you with it.

      Delete
    2. Hi, It depends on the nature of property. If your parents have self-earned (not inherited) the house, they can do whatever they wish as long as they are alive and sane. Even if they have written a will for a 50% share for you, they can change it any number of times. They can even donate it to a 3rd person or trust completely. Just a promise doesn't stand in front of the law. For self-earned property of your parents, your right arises only after the death of the property owner/s.

      First check the nature of house.

      Delete
  40. Hii, this is nisha.. my father has two own blood related brothers and two cousin brothers. Who has totally three shops in common for all the five. They all have earned together and bought five houses respectively .. and each have another 5 properties respectively. One if his bloid related brother has the most valuable extra property now. With the trust they all were earning and buying properties. Suddenly two of the own blood related brothers fought with my dad and joined together where the extra property is with them.. is there any way to get the share from it.

    ReplyDelete
  41. i m a uttar pradesh gov employee can i receive rental income from ansestral property which is in my name according to will

    ReplyDelete
    Replies
    1. As long as you show that property rental as part of your income tax returns and pay the requisite taxes, I believe Yes.

      Delete
  42. Hi Anand,

    I am writing a scenario please read it and advise- Mr. Ramesh Pawar and and Geeta Pawar were husband and wife but after some time they got separated when they were having a girl named Komal Pawar. After separation Ramesh Pawar married to another women and Geeta Pawar also married to another man and her name is changed to Geeta Patil. On every document sirname of Komal is still Pawar in that case can Komal is eligible to get property share of Mr. Ramesh Pawar as she is his daughter only?

    ReplyDelete
    Replies
    1. If Komal is Ramesh's biological daughter then I would assume - YES she will be able to get a share of her fathers property. But, I am not a legal expert and may be wrong also.

      So, Pls consult a good lawyer for this query.

      Delete
  43. My grandfather passed away on 19th Feb, 2015. My granmother too passed away on 1st Aug in the same year. My grandfather had a savings account jointly with my grand mother. After his death my grandmother included their 3rd child, my mother's younger brother as joint account holder(Either or surviver) in that account. My grandmother was a housewife and she had no income.Entire deposited amount was of my grandfather. Recently we came to know that my uncle drew the entire amount from that very account without any intimation to his other two siblings. Now, the question is, is my uncle really eligible to the whole amount as the amount previously belonged to my grandfather? Whether my mother and my other uncle have the right to claim their shares??

    ReplyDelete
    Replies
    1. From an account standpoint, in case of a joint account which is either or survivor type, either account holder can withdraw funds and dont need to get anyone elses permission

      In this case since there are other siblings, there should have been a WILL failing which everything is subjective to an amicable settlement.

      I would suggest, Talk to a lawyer for help.

      Delete
  44. Dear Anand Sir,
    My family consists of Father, Mother (both retired), an elder married sister & me (also married having a son).
    My parents wish to name me as the sole heir to their properties consisting of a flat, a bungalow (both properties are self earned) & agricultural land acquired by succession.
    Is it necessary to make a proper will for the same OR Is the matter mentioned on a stamp paper (notarised) also valid & legally enforceable?
    Can my father transfer his share of the ancestral land solely to me ?

    Thanks & Regards.

    ReplyDelete
    Replies
    1. Firstly - for self earned property that your father wants to give just to you, he would need a Notarized WILL otherwise your sibling/sister(s) can stake a claim in the property

      for ancestral property i dont think your father can just give it to you. it would have to be shared across all siblings

      better consult a good lawyer

      Delete
  45. I am a single daughter to my mother along with two sons. My mother written a WILL, saying that all the property belongs to one of my brothers. They in the WILL said that i got married 15 years back and have given some property (dowry) during my marriage and nothing to do with me now. Is it acceptable. What I have to do.

    ReplyDelete
  46. HELLO SIR,

    MY FAMILY CONSIST OF 7 MEMBERS INCLUDING MOTHER AND FATHER 2 BROTHER AND 3 SISTER (MARRIED)
    I AM THE ELDEST AND (MARRIED) YOUNGER BROTHER UN MARRIED.I LIVE WITH MY WIFE N 2 CHILDRENS SEPERATELY.AND MY YOUNGER BROTHER LIVE WITH MY MOTHER AND FATHER.
    INITIALY I LIVE WITH MY FAMILY TOGTHER UPTO 15 YRS AS THE INCOME SOURCE OF FATHER NOT ENOUGH TO MEET THE DEMAND OF THE FAMILY.SO I START WORKING SINCE I COMPLETE MY SSC LATER ON I HAD STARED WORKING ALONG WITH THE STUDIES,
    AS THE YEAR GOES I WORKED BUT THE FAMILY CONDITOINS GOES BAD TO WORST SO I DECIDE TO GO ABROAD .I WAS IN S.Y B.COM I GOT THE CHANCE TO GO ABROAD AND THAT TIME WITHOUT WASTING THE TIME I WENT ABROAD .
    I WORKED THERE FOR 6 YEARS .AS I WAS THE ELDER FOR MY FAMILY I SEND ALL THE MONEY WHICH I EARNED . REST OF MY SIBLINGS WERE SCHOOL GOING AND MY FATHER HAS HANDLE ALL MY INCOME AND SPENDED ON MY SIBLINGS AND THER LEVLELY HOOD AND HE STOPS WORKING WHICH USED TO DO INITIALY AS HE WAS NOT PERFACTLY FIT WITH EYE SIGHT I SENDED MONEY FOR HIS OPERATION ALSO .LATER ON AS AFTER SPENDING ON THE FAMILY THE MONEY LEFT WAS PURCHASED SOME PROPERTY WITH MY CONCERNED .BUT THE PROPERTY WAS PURCHASED ON HIS AND MOTHERS NAME ,AND OTHER PROPERTY WAS ON MY SIBLINGS NAME.(PIECE OF LAND) .
    I CAME BACK AFTER 6 YRS THAT TIME I DECIDE TO ARRANGE THE MARRIAGE OF MY 3 SISTER ALONG WITH ME FROM INCOME WICH I HAD SENDED .I ALSO GOT ARRANGE MARRIAGE AT THAT TIME .AND I HAVE ALSO SPEND THE 5 YEARS WITH MY WIFE N TWO CHILDERNS IN THE SAME HOUSE WITH MY MOM N DAD.LATER ON MY FATHER SAID TO STAY SEPERATE AS NOW TIME FOR THE YOUNGER BROTHER MARRIAGE SO I GO THE OTHER HOUSE WHICH WAS PURCHASED BY MY FATHER FROM THE INCOME WHICH I SEND.
    THE TIME I CAME BACK I TAKE THE CHARGE OF ALL THE PROPERTIES AND STARTED DOING THE BUSINESS .THAT TIME MY BROTHER WAS IN 12 TH STD I HAVE PAID ALL ExPENCESS INCURRED ON HIS STUDIES N MY SISSTERS MARRIAGES MY MARRIAGE ALONG WITH HOUSE HOLD EXPENSES, MY FATHER AND BROTHER OF (EXEMPETED OF WORKING) AND ALSO DEVELOPED THE PICE OF LAND WHICH FATHER HAD BOUGHT IN MY ABSENCE. AS THE BEHAVIOUR OF BROTHER TO ME WAS UNUSAL .I TOLD MY FATHER TO REVERSE THE PROPERTY WHICH WAS ON HIS AND MOTHER S NAME
    AND HE ALSO HAD DECIDED THE SAME AND HE DID IT WITH GIFT DEED REGISTERED

    ReplyDelete
  47. as the above property was registered under my and my wifes name could any body can challange this registered gift-deed WILL including my father

    ReplyDelete
  48. as the comment was so big as i m really wan to get the correct view regarding this issue of property as my brother is forcing and objecting to my father .

    ReplyDelete
    Replies
    1. You should consult a good lawyer.

      Delete
    2. Dear Anonymous, you can't claim any extra-benefits for the money that you spent on your family expenses (including purchase of property). For other issues, you need to check about the legal owners of the property. If it is just a WILL, your father can change it anytime as per his wish. If it is a complete change of ownership through a gift-deed, you are safe.

      Delete
  49. Sir my grandmother has 2 sons( i.e my father and uncle).My father has 2 daughters and my uncle has 2 sons. Now when my grand mother died my uncle transferred the whole land-property in his name without our concern. and my uncle before his death transferred the whole land on his both the sons name.He did,t bother to give us any thing.

    Plz help whzt to do in this matter.

    ReplyDelete
    Replies
    1. Yes, Anand is right. You need to take the matter to a qualified advocate. Also you need to get confirmed facts like whether your grandmother got the property through self-earning or inheritance and whether she wrote a will etc. Also about the property-division of between your father and his brother.

      Delete
  50. Hi Anand,

    I had a chance to read your blog. Its very helpful blog. I just want to know some details about property ownership.

    we are living in our Uncle´s house for the past 20 years in kerala. My uncle is settled abroad. My mother is looking after grand mother and staying there. We don´t have our own house. My mother or my father does not have any property. My question is

    Can my mother get the property owner ship (since she stayed their and look after the property) or some part of the land legally? if yes what should be the next action to be taken?

    Hope you will reply.
    Thanks

    ReplyDelete
    Replies
    1. Is the house ancestral property - as in, the house belonged to your grand parents who name transferred it to your uncle and excluded your mom? If so, there may be a chance.

      If the house was bought by your uncle using his own income then i don't see any chances of your mom getting any share of the property

      Delete
  51. Hi,

    1. If my uncle want to register a legal WILL, whether they need my mother's Acceptance(Sign, Etc) or they can register a will without informing to my mother.

    2. If they already registered a will by forcing my grandfather, can we take any further legal actions or not.

    Any suggestions for further legal Action.

    Thanks for doing this great job, we all are living in a country where educated peoples also don't aware of low's including me
    but you are doing these thing very nicely.

    Thanks

    ReplyDelete
    Replies
    1. If someone writes a WILL for their self earned income while they are mentally stable, it cannot be changed. Anyways I would recommend you talk to a good lawyer because i am not qualified to comment on such legal matters.

      Delete
  52. My Father in Law died intestate. Now my brother in law is not cooperating regarding division of property. My mother in law has stated that she does not want any part of the property and that the two brothers should divide the property equally. My brother in law wants more. Can we transfer the whole property in her name so that we can force my brother in law to be reasonable. NB we do not want to go to the court and squander the money on court and lawyer fees.

    ReplyDelete
    Replies
    1. If there is no WILL then by default property goes to the spouse and then they can choose to distribute it per their preference. but if family members dont cooperate court/case is your only option

      Delete
  53. Hi Anand,

    Can my parents give all ancestral property to my younger brother though they have not bought any property by their earning without my consent signing a Will.
    I just want to know the legal right here.

    Thanks,
    Manish

    ReplyDelete
    Replies
    1. As far as I know, No they cannot do that. But, i am not a legal expert so pls consult a good lawyer for proper advise

      Delete

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