• Land inheritence and right of my son

I got 20 cents of land from my father after my wedding. Its in my and my husbands name. I have got 2 children. I am now thinking of selling the same. I dont want my children to use the same. Can they file a case against me on the name of property inheritence?
Asked 3 years ago in Property Law from Kochi, Kerala
1) i presume gift deed was executed by your father in respect of his self acquired property .

2) you and your husband are absolute owners of said property 

3) you dont need your children consent for selling the said land
Ajay Sethi
Advocate, Mumbai
46678 Answers
2762 Consultations

5.0 on 5.0

Hi, in what way you and your husband bequeathed the property either by way of gift or will.
2. If it is bequeathed by way of gift both of you are the absolute owner of the property so you can sold to any body and your children have no right to question it.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

The property is considered as self acquired property of yours and you can safely sell your due share in it and no legal heir of yours can question such sale ever in future.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

1. Although your query is silent on the mode of transfer, but I presume that the land was given to you by way of a gift deed in your and your husband's favour.

2. You and your husband are the absolute owners of the land, and can sell it at your sweet will to any one you desire. 

3. Your children cannot question your ownership to the land in any court of law.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1) Presuming that the 20 cents land your father registered in the combined names of you and your husband was by a gift deed on the occasion of your  wedding, you both had become absolute owners of the property.

2) There is no impediment to your selling or alienating it to any one. You are not accountable to your children for the same and they can file no case against you as you apprehend. In case you both died without leaving a will behind the children would inherit the land as natural heirs.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. Since the property is in the joint name of you and your husband, 

2. Is your husband alive? If yes, then your children have no claim on the said property during the life time of both of you,

3. In case of your husband's demise, you & your 2 children will have equal share on your husband's  50% share of the jointly owned property.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

A. Your query is silent on the mode of acquisition of title from your father,  in the case of Gift or Will, you and your husband are the absolute owner of the property and can transfer the same as you wish.

B. In case the mode of acquisition happen after the demise of your father or inherited the property subject to establishment of property is ancestral, you cannot sell the property as you wish, and you should take prior permission from the court if your children are minor.
B.T. Ravi
Advocate, Bangalore
836 Answers
58 Consultations

5.0 on 5.0

you and your husband is the absolute owner of the property. this property not comes under the meaning of ancestral property so your children have no right in it. it is gifted property and it is called self acquired property.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer