Can a mother sell property to son?
“If the property inherited by son from his father is not ancestral, the mother has no right to sell it. She as a de facto guardian has no right to alienate the property of her minor son,” ruled the court.
Who is the legal heir of mother’s property in India?
Thus if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per order of preference.
Can mother can give property to one son?
INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will. any share in the property. to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.
Who is the legal heir of Mothers property?
1) The heirs to the property are you, your children and your father if mother had not inherited the property as an ancestral property. 2) Each of you have equal right/ share in the property . 3) You need to obtain a legal heir certificate and transfer the property in the name of either of you the heirs.
Can mother sell Father property without consent of son?
A. Since your mother is the absolute owner of the property by virtue of registered Sale deed which was executed by her husband, she can transfer the property without obtaining consent of the children. … During her lifetime, her grand children have no right to claim and question the property.
Can mother sell ancestral property without consent of son?
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.
Is married daughter a legal heir?
Married daughters are included as legal heirs from 2005 as per the amendment in the Indian Succession Act. Married daughters are have equal rights in family property as that of son. Also legal heir certificate will contain name of married daughter also.
Does wife get everything when husband dies?
When one spouse dies, the surviving spouse automatically receives complete ownership of the property. … It is true that if all your property is jointly owned, the survivor will obtain everything by operation of law and without the necessity of probate proceedings.
Can a father gives all his property to one child?
A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.
Can son claim father’s property when mother is alive?
As long as your father is alive you cannot stake a claim to any of his properties, and since the property is self-acquired, he can will it to anyone he wants. However, if he dies intestate, you being a class I heir, can stake a claim over it.
Can my mother sell property without my consent?
Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. But if in case where the property came through succession after the death of anyone of your family members and where she got such right in it, she can not sell it without your consent.