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.
How do I transfer my house from father to 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 a dad refuse to will property to his daughter?
No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters.
How ancestral property is divided?
The shares within the ancestral property are first determined for each and every generation and divided for the next generation. Moreover, properties acquired from mother, grandmother, uncle, or even brother are not the ancestor properties. And property inherited by will and gift also is not ancestral property.
Can daughters claim grandfather’s property?
A daughter has been given the same right to ancestral property as the son after the amendment of the Hindu Succession Act, 1956. However, the daughter has a right to ancestral property only if the father was alive on 9 September 2005, when the amendment took place.
What is the difference between ancestral property and Coparcenary property?
It does not recognize any difference between ancestral and separate property. Both the separate and ancestral property is divided as per the law of succession. Sons cannot ask for partition of the joint family property. On the death of the coparcener, his share does not pass to surviving coparceners but goes to heirs.
Can son claim father’s property when father is alive?
A son can claim his share in the property even during the lifetime of his father. In any case the person seeking his share, he must prove his succession. However the act does not count a stepson among the Class I heirs.
Can grandson claim rights in grandfather’s property?
Grandchildren cannot claim a share in the self-acquired property of their paternal grandfather if it had been allotted to their father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956, the Madras High Court has ruled.
Can mother give ancestral property to son?
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.
Can Mother gift 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.
