Legal Question in Family Law in India
does she have any claim
I am asking this question in the net since Im not able to ask my lawyer who is close to us this ques.I am 22yr old engr working in a top SW company.I lost my dad in sept06.he did not have a will,i am the only child of my parents.after that our lawyer who is also a friend of us told me that I give a power of attroney to my mom so that all my dads properties etc could be transfered without probs.I did so.By jan end all things were settled.in feb I was quite surprised when our lawyer came to me saying that my mom is transfering half of dads assets to me.he with the help of a CA has made a list of dads assets and there values & then divided by half one for mom another for me.i accepted it though i was wondering why mom was doing so.last week i came to know that she is looking for a remarriage,now my question is if she goes for remarriage can she keep her part of dads assets (which is legally hers now already) or does she have to transfer it to me?
7 Answers from Attorneys
Re: does she have any claim
the answer will depend upon as to how the property came into existence. Was the property ancestral inherited by your father from his forefathers?? Please reply me before I can formulate u the correct answer.
Re: does she have any claim
No her share of her assets is her personal property and you cannot in Indian Law claim it.
Re: does she have any claim
she is already entitled to her claim of property, so you can not stop her from claiming it.
Re: does she have any claim
If already teh assest are transfered to her then they are her personal assets and you cannot claim them
Re: does she have any claim
Yes.Your mother is also a legal heir of your late father and she has every right to claim share and also she can retain the same even after her remarriage.Remarriage does not effect her right in any manner.
Re: does she have any claim
Your mother has every right to keep/retain her half share of your father and being widow of your father and re-marriage is no bar to this aspect. Your mom is not legally liable to transfer her half share which she and you inherited in equal share after the death of your father being the legal heirs.
Re: does she have any claim
It all depends on what kind of GPA you have executed, if you have executed with all the power to sell and her share shall be her absolutely held by her, then there is nothing much which can done, except for challenge in court saying that you did not know that your mother was remarrying.
first and foremost to which community do you belong. that has to be looked into.
Certainly your mother will also get a share.
You can stop it only when she has cheated you.
if property is already partitioned or separated and registered there is nothing that can be done.
To me it looks like a oral partition has taken place nothing legally done in sub-registrar's office.
You should not blindly sign anything now since you know your mother is remarrying.
Meet an Advocate in your place and consult there are so many advocate, go to a good law firm they will guide you.
Regards.
B.Balasubramanya.
Advocate.
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