1. Yes, she can sell the said property legally to anybody she wishes to, 2.
Can a mother sell her property to his 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.
Can a mother give his property to one son?
Your mother is the absolute owner of the property; she can transfer the property as per wish. After her demise you can challenge the will if she execute in favour of your brother alone. If he is not probate the will properly it has only scrap value.
Can parents sell property to child in India?
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 has right on mother’s property in India?
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.
Can my mother sell property without sons consent?
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 property without consent of daughter?
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.
How can a mother transfer her property to son?
The procedure to transfer the property from mother to son is by way of Gift Deed. The Registration cost is not as high as in case of registration of Sale Deed. You need to bring Demand draft around Rs. 6000/- towards Stamp Fees and another Demand Draft around Rs.
Can a father sell his property to his son in India?
There is no restriction to transfer the property by gift deed or sale deed to his son or daughter by the father.
Can a father gift a property to his son?
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.
How do I transfer property to my son?
Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.
Can son Sell father’s property after 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. … They are entitled to an equal share in the property at par with other legal heirs.
Can father deny Sons property?
A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of one’s own funds and resources. … A property acquired through a gift deed or through a will is also self-acquired.
Who will inherit mother’s property?
If the woman inherits property from any relative, be it husband, son, father or mother, she is the absolute owner of her share and can dispose of it. If she makes a will, she cannot give away more than one-third share of her property, and if her husband is the only heir, she can give two-thirds of the property by will.
Can son claim mother’s property when father 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. Disclaimer: The responses are based on limited facts provided by the queries.