Question: Can my mother sell my father property without my consent?

Property purchased by grandfather and father is ancestral property. It can be sold only by all the consent of all the shareholders. 1. Mother has no right to sell the property without your written consent.

Can mother sell father 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.

Who have rights on mother’s property?

Once the mother (a woman) acquires any property through will or gift or by inheritance or it a self-acquired property, she becomes the absolute owner of the same. Under Hindu Law, the property of a mother devolves as per the Hindu Succession Act, 1956 (the Act). The Act applies to intestate succession.

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Can I claim my mothers father property?

Yes. This is ancestral property. You will get right by birth under hindu law. You can claim the property.

Can I sell my fathers property after his death?

This house cannot be sold legally without their NOC. This property belonged to your deceased father and upon his intestate death, the properties shall devolve equally on all his legal heirs. … On the intestate demise of your father his share devolved through succession equally on his widow and all children.

Can my mother sell property without my consent India?

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.

Can mother sell inherited property?

Your mother is also a legal heir and has equal rights in her mothers property as much as her father has rights. He cannot sell that property without the consent of your mother. You can raise objection as there was no consent of your mother, and that time you did not even no about the sell transaction.

Who has right on father’s property?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

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Can mother claim daughter’s property?

A daughter cannot claim her right during the lifetime of her mother. According to Hindu Law, a daughter has equal rights to a mother’s self-acquired property equally.

Can children claim mother’s property?

During the lifetime of the mother, a son cannot claim any share in her self-acquired property. In the case of Hindus, A son can, therefore, claim a right in the self-earned property of his mother if the mother has died intestate. Both son and daughter have equal rights.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

Does daughter in law have rights in father in law property?

A daughter in law has no right in the ancestral or self-acquired property of her in-laws. … Thus if a father dies intestate, a daughter has an equal right in his property along with her brother, but the daughter in law has no right in the property of her father- in law till the time her husband is alive.

Does daughter in law have rights in mother in law property?

The daughter-in-law has a right on the share of the property, which her husband has acquired in the HUF property. … In case the mother-in-law dies, her share shall get divided amongst her children, and the daughter-in-law will be entitled to the part which has fallen in her husband’s share.

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Who gets the property when there is no will?

In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.

Who has right on mother’s property after death?

The property in your mother’s name and she died intestate, the property will devolve upon her legal heirs i.e, yourself and your father alone. You as well as your father have 50%share in it, you both can jointly sell the property.

How do you transfer property from father to mother after death?

4 Answers

  1. apply for mutation of property in your mother name.
  2. enclose father death certificate.
  3. gift deed or relinquishment deed by other legal heirs.
  4. if no objections are received property would be mutated in mother name.
  5. your mother can also apply for letters of administration from court.