Best answer: Can son Sell father’s property when father is alive?

Can father sell his property without consent of son 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 is the legal heir of father’s property in India?

Under Indian succession laws, a son has a right in his father’s and grandfather’s property by birth. The son has equal rights as does his father in his grandfather’s ancestral property.

Who can inherit father’s property?

The court said, “If a property of a male Hindu dying intestate (without a will) is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in …

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Can father sell gifted property without consent of son?

If a father possesses a property that is self-acquired or if a property is gifted to him, he has the power to sell the property with the consent of the sons. A father needs to take the consent of the sons if the property he possesses is considered an ancestral property.

When can a daughter claim father’s property?

Can daughters claim father’s property after marriage? The HSA was amended in 2005 and it gave equal rights to the daughter in terms of property. Prior to the Hindu Succession Amendment Act 2005, sons enjoyed rights over the deceased father’s property, whereas daughters could do so only till she was unmarried.

Can a son challenge his father’s will?

The terms of the will shall come into effect after the death of the testator (your father), and being a legal heir, you can challenge your father’s will in a court of law.

Can brothers claim brothers property?

No legally he cannot claim the property, because in self acquired Brother has no legal right. But he is not able to maintain himself.

Can a son claim his mother’s property?

A son can’t claim any share in his mother’s self-acquired property during her lifetime. However, if a Hindu female (mother) dies without a will, then the property is divided among legal heirs as per the Hindu Succession Act’s provisions. The legal heirs are: Husband, sons and daughters (if predeceased, their children)

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

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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.

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.

How is property transferred 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 father gift his property to son without consent of wife daughter?

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 married sister claim father’s property?

Dear Client, Do not worry, your sister cannot claim her shares into the father’s property. Because as per the recent landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.

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