Can father sell his property without consent of Son?
Can father sell his 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 a mother gives all his property to one child?
That’s where all children will have equal rights and you can demand a partition after your mother’s death. 2) If the property was self acquired by the grandmother her gift to your mother is absolute. If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.
Who is legal heir for father’s property?
Since your father died intestate, the property will be divided equally among all class I heirs, including you, your brother. According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property.
How a daughter can claim father’s property?
According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father’s self-acquired property, if he dies intestate, that is, without a will. Hence, being a legal heir, you have the right to stake a claim over the property irrespective of what your mother claims.
What happens if Mother dies without a will?
If your mother died without a will, then she died intestate. The state where she lived will handle your mother’s estate and distribute her assets. In order to do this, the state will look to the intestate succession laws.
Can my mother sell property without my consent?
No she cannot forcefully sell the complete property without your consent. See if your mother is not wiling to give you 25 percent share then in that case you need to go for the partition suit in the court and taken an interim stay on the same.
Who are the legal heirs of a deceased?
The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law: Spouse of the deceased. Children of the deceased (Son/ Daughter) Parents of the deceased.
What is the time limit to make a claims by legal heirs?
Article 120 of the Limitation Act, 1963 prescribes limitation of 90 days for bringing legal heirs and representatives of the deceased party.
Do all heirs have to sign?
All of the heirs must sign. The only way to get around a deadlock like this is to have the succession representative sell the house.
What happens if all heirs don’t agree?
Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.
