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.
Can father sell own 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 father’s sell self acquired property?
Find out which suits you the most. Your father can only give the self-acquired property to anyone he wants in his will, not the ancestral property. Both you and your brother have an equal right over the ancestral property by virtue of your birth, as per the Hindu Succession (Amendment) Act, 2005.
Can son claim father’s self acquired property when father is alive?
As long as your father is alive you cannot stake a claim to any of his properties, and since the property is self-acquired, he can will it to anyone he wants. However, if he dies intestate, you being a class I heir, can stake a claim over it. Disclaimer: The responses are based on limited facts provided by the queries.
Who can claim father’s self acquired property?
NEW DELHI: In a significant verdict, the Supreme Court on Thursday said the daughters of a male Hindu, dying intestate, would be entitled to inherit the self-acquired and other properties obtained in the partition by the father and get preference over other collateral members of the family.
Can daughter claim father’s self acquired property?
The Supreme Court has observed that a daughter is capable of inheriting the self-acquired property or share received in the partition of a coparcenary property of her Hindu father dying intestate.
What is self acquired property?
“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 preference to …
Who are the legal heirs of self acquired property?
The court has held that the self-acquired property of a Hindu man shall not devolve by survivorship but by succession and female heirs—wife and daughter—shall be entitled to inheritance/succession even before 1956, when the Hindu Succession Act was enacted.
How do you prove a property is self acquired?
Answers (2) When you purchsed the agricultural land, you must have gained the title of the property by executing an agreement to sale. Even if you don’t have that then you must be having the document to show that the property was registered in your name or at least you must be having the patta of the property.
How is self acquired property distributed?
Your father’s self-acquired properties shall be distributed equally among: your grandmother, mother, your sister and yourself. All of you shall get one-fourth share. Your grandfather will not be entitled to any. After your grandmother’s lifetime, her legal heirs shall inherit her estate.
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.
Can a son challenge his father’s will?
Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.
Who are legal heirs of father?
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the grandchildren of the deceased will be the legal heirs.
Can daughter claim mother’s self acquired property?
A daughter cannot claim her right during the lifetime of her mother. According to Hindu Law, a daughter has equal rights to a mother’s self-acquired property equally. The daughter can claim her right after the death of her mother on mother’s self-acquired property.
Can wife claim husband’s self acquired property?
1. 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. 2. So, it is irrelevant whether husbands conveys his title of any property in favour of anybody during the period of the divorce proceeding.