Question: Do Daughters Have Right In Mother’S Property?

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..

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 property from mother to son?

Your mother can transfer the property by way of Gift deed, Release deed is there is no consideration involved and any consideration is involved then sale deed and power of attorney. it can be done in 3 – 4 days subject to availability of proper and valid documents.

Married daughters are included as legal heirs from 2005 as per the amendment in the Indian Succession Act. Married daughters are have equal rights in family property as that of son. Also legal heir certificate will contain name of married daughter also.

Can Mother gift property to married daughter?

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.

Can daughter claim mother’s self acquired property?

Under Hindu Law, daughters have equal rights as sons in the property of their mother. For right in the self-acquired property of a mother, it is essential to understand two things: All the property acquired by a woman becomes self-acquired property. Self-acquired property can be disposed of in any manner.

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

A son has no legal right in the self-acquired property of his parents, unless he has proof of contribution towards the acquisition of the property. He may be allowed to use the property on permission from his parents, but they are not obligated to allow him to live there.

Who is the owner of property after husband death?

Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

Can a father give all his property to one child?

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.

Who has right on ancestral property?

The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. 4. The rights in ancestral property are determined per stripes and not per capita.

Thus if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per order of preference.

Can my wife claim my parents property?

If the property is ancestral and not partitioned the child can claim right on ancestral property but if it is self acquired child cannot claim any right. … As per Indian Law, wife shall have no lawful claim on her husband’s properties, be it self acquired or inherited, during the lifetime of her husband.

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.

Can my sister claim in our father’s property?

The property given to you by your father can not be claimed by your sisters anymore. See in acquired property the daughter have right even before the amendment act, even if undivided it is not ancestral property and they have right over same. A daughter can claim her share in father’s property after he dies intestate.

Who can claim self acquired property?

A father is within his rights to give the self-acquired -property to his one son to the exclusion of other children. During his lifetime, his children have no right to claim it. He can pass the same to his one son by gift or by will.

What is the right of daughter in parents property?

According to the Hindu Succession (Amendment) Act,2005, a daughter has the same right as the son over their father’s ancestral property. However, the father should have been alive on 9 September 2005, when the amendment was made. If he died before this date, the daughter will have no right over the ancestral property.

Can my mother sell her property without my consent?

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.