This house cannot be sold legally without their NOC. This property belonged to your deceased father and upon his intestate death, the properties shall devolve equally on all his legal heirs. His legal heirs consists of your mother, his children and his mother (if living).
Can father sell his 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.
Does son have right on father’s property?
Legal rights of a son on father’s property in India
He has a legal right over his father’s ancestral property. He also has an equal share in his father’s self-acquired property if the father dies intestate. … A son is his father’s legal heir and coparcener in ancestral property.
Who has right on father’s property?
According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).
Who is legal heir for father’s property?
The Supreme Court on January 21 made it clear that Hindu daughters would be entitled to inherit the property of their father in the absence of any other legal heir; they would receive preference over other members of the family in inheriting the property even if the father does not leave behind a will.
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.
How a father can disown his son from property?
A father can disinherit his son from his self-acquired property only, and not from his ancestral property. … Property acquired through a brother or an uncle may also be categorised as self-acquired. A property acquired through a gift deed or through a will is also self-acquired.
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.
How do I remove my son from my property?
In order to disown your son from your property it is necessary to give paper publication any morning newspaper is okay who has circulation of more than 1 lac copies. However you can only disown him from property earned by your own and not the ancestral property.
Can a son file case against parents for property?
Yes you can file a Petition for maintenance U/s 125 of Criminal Procedure Code. In such Petition and under the right provided by the Criminal Procedure Code you would be liable to claim money in the way of Maintenance from your Father.
What are the 4 property rights?
The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition. There are exceptions to these rights, and property owners have obligations as well as rights.
Can son claim father’s property when father is not alive?
Son’s right in case of ancestral property
As has been discussed before, a son has coparcenary rights since birth. He can even claim his share in the ancestral property before his father dies, i.e. during the lifetime of the father (by way of partition).
Can my mother sell property without my consent?
A. Since your mother is the absolute owner of the property by virtue of registered Sale deed which was executed by her husband, she can transfer the property without obtaining consent of the children. … During her lifetime, her grand children have no right to claim and question the property.
Can mother sell sons property?
According to Hindu law, if the father is alive, then the mother is not treated as a natural guardian. … If the property inherited from the father is not ancestral, then the mother has no right on the son’s property. She cannot sell it or transfer the property.
What happens if father dies without will?
In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. The legal heirs are further classified into two classes- class I and class II.
Does mother have right on son’s property?
Property rights and inheritance of mother on son’s property
A mother is a legal heir to her deceased son’s property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property.