• Can son have legal right over mother's property?

My friend belongs to Muslim community, his father purchased in mother's name. His father died recently, his mother wants to sell property, but my friend want to keep in the memory of his father, so what were the options left for my friend?
Asked 7 years ago in Property Law
Religion: Muslim

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3 Answers

1. Since the proeprty is purchased in the name of the mother,she alone will be treated as its sole owner.

.2. If that is so then she can sell this proeprty to anyone she chooses and keep or use the money whatever purposes she decides.

3. He may requests to his mother to keep money for purposes he wants but he can not force his mother to do anything against her wish.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) property has been bought in mother name for benefit of family

2) mother is mere trustee .

3) you can file suit claiming equal share in property

4) seek injunction restraining mother from selling the property

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

The property in the name of his mother, whether she bought it or bought on her name by her husband, shall belong to her alone.

She will be considered as an absolute owner and she has all the rights to dispose/transfer/alienate/settle or do any transaction with the property and in any manner as per her desire and decision.

Your friend cannot do anything legally to stop her from selling the property, let him talk to elders of the family and do something that affects sentimentally and stop his mother from going ahead with her proposal.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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