Can mother sell ancestral 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.

Can mother sell ancestral 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.

Is mother property ancestral property?

Properties inherited from a mother, biological or legally adopted, are not considered ancestral property. Any property inherited up to four generations of paternal ancestors is called ancestral property. … In your case, the land inherited by your father is self-acquired.

Can son claim mother’s ancestral property when mother is alive?

14 Answers. Dear Sir, Your mother can claim share in her ancestral property from her parents side. … The Supreme Court has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property.

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Is there any time limit to claim ancestral property?

According to section 109 of law of limitation, a Hindu governed by Mitakshara Law has to file a suit for setting aside his father’s alienation of ancestral property within 12 years from the date on which the alien has taken possession of property. a) The date on which your father sold the ancestral property.

Can mother gift property to one son?

Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone. However, the mother and daughters being legal heirs and interested parties in the concerned property, can dispute the said transaction of gift.

Can my mother sell my father property?

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. Even if she purchased a property of of the funds from others she can not sell without getting consent of other family members if any, including you.

Who is the legal heir of mother’s ancestral property?

In case of ancestral property of a Joint Hindu Family, the minor (both son and daughter, since 2005) will receive an equal share in the capacity of a coparcener after the death of the last holder of the property.

Do daughters get equal rights property?

Secondly, the 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents.

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How do I transfer property after parent dies?

File an Affidavit of Death form, an original certified death certificate, executor approval for the transfer, a Preliminary Change of Ownership Report form and a transfer tax affidavit. All signed forms should be notarized. Pay all applicable fees to get the title deed, which is the official notice of ownership.