• Can a mother transfer her share on deceased son's (X) property to her another son (y)

Ram's father purchased a property in the name of his three son (i) Ram (ii) Subhod (iii) Sankar in common deed. They do have separate record also. Now Ram dies in 2015 but land record is still in the name of Ram. Ram,s wife and one son and mother still alive. Now Ram's brother Sankar want to acquires his bother(Ram)'s property though his mother as mother get one share one in deceased son's property. Can Ram's mother transfer her share on deceased son(Ram)'s property to another son( sankar)? This is to be noted that there is no property partition ship between there bothers as on date.

Can Ram's son stop has uncle(sankar) to acquire has father property ? if so how. 
Ram's son is giving a sum of money to his grandmother at the end of each month for his maintenance since 2015
Asked 7 years ago in Property Law
Religion: Hindu

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19 Answers

Ram's son can file a partition suit at the earliest and may request the court to pass an order that no third party rights are created.

If the partition suit will be filed then Ram's mother will be barred from relinquishing her share also without a partition suit relinquishing a part of property is not viable.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

After the death of Ram, his share will devolve equally upon his wife, son and mother. Ram's mother is free to pass on her 1/3rd(in total share held by Ram) to any of her surviving son. However, this right of hers is limited only to the 1/3rd share of the total share originally held by Ram and it isn't the case that she can pass on the entire stake of Ram.

Ram's son and mother should file a suit for partition, and seek their share in this property.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Dear Client,

Rule of succession devolves share in assets i.e. 1/3 each in his first class heirs ) WIFE, SON, Mother and her mother can transfer her share acc. to her choice. If her grandson is bearing maintenance by some settlement than remedy may be available. ELSE, she is free to ..

ask her grandson to request haq tyag in the property, than he can be sole owner of her share also.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

1)mother has one third share in her deceased son property

2)mother can transfer her one third share to another son

3)son can offer to buy out grand mother share in proeprty

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1. Ram's mother can transfer only the 1/3rd share of Ram devolved upon her on death of Ram

2. So even if 1/9th share is passed then also his remaining 2/9th sahre of his widown and son will ramin with them.

3.So unlesa ns until son and widow of Ram also transfer remaining share belonging to them Shakar can become the sole titile holder of ram'share.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Yes mother can transfer her share in deceased son's property to her another son.

Yes Ram's can stop his uncle (sankar) to acquire his property by way of filing the suit for permanent and mandatory injunction.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

due to demise of ram, his mother becomes the owner of undivided one third share of ram's undivided one third share of whole property. that is to say ram's mother is the owner of undivided one nine share of whole property and she is very much entitled to sell that share in favour of sankar without having no proper partition deed.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Hi, after the death of ram the class one legal heir are his wife and son .. His mother do not get a share in the property after his death , therefore she cannot transfer any share

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

It is not ancestral property

2) property which has remained undivided for four generations is ancestral property

2) on son demise mother will have share in property

3)will tajes effect on death of testator . During her lifetime grand mother can gift property to her another son

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

It is not an ancestral property.

A property which remains undivided for 4 generations is an ancestral property.

After the expiry of the son mother will have share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

As per the hindu succession act if the son dies intestate i.e., without a ill then the mother will have share in the property as per the succession act and not the entire property will be enjoyed by the mother.

And if after the share is received by mother then she can transfer her share to anyone she wants i.e., son or any other person as per her will.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The bottom line is that Ram's mother can transfer her share in Ram's property to anyone, even to an unknown.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Mother can transfer her share if property inherited on demise of her sonti other legal heirs

2) only in Kerala there is law that property inherited by mother on her son demise would on her death devolve on her deceased son legal heirs

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

obviously it is not ancestral property as the property purchased in the name of Ram and his two brothers. it is immaterial who paid the consideration.

it is also immaterial whether the property is ancestral or other wise. if a person dies leaving behind his father or mother, that father or mother of deceased son will be entitled equal share of other legal heirs of the deceased.

once Ram's mother executed an will in favour of ram's son for bequeathing her share in ram's property, unless and until the mother cancel and/or alter the said will, she is not legally entitled to dispose of the said property otherwise.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

If India law permit this i.e. a mother can transfer her share on deceased son(Ram)'s property to another son( sankar)

then all greedy bothers will prey/take care so that his bother will die before the death of his mother so that he can acquire bother property though his mother.

in this event you have a right to challenge the vires of Hindu Succession Act and establish your opinion.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Ram's property shall devolve equally on all his legal heirs or successors in interest.

Therefore Ram's son, wife and his mother are all entitled to an equal share in the property left behind by the deceased Ram.

During her lifetime, Ram's mother can transfer her particular share i.e., 1/3rd share to her another son also, this authority cannot be questioned by the other shareholders.

Try to convince Ram's mother saying that she will be taken care of by these people also equal to her another son so that she may not transfer her share of this property to anyone else and instead she may be convinced to relinquish her rights in the property in favor of Ram's other legal heirs i.e., wife and son.

But legally she cannot be forced to this arrangement.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

(i) Ram,s father purchase this property in the name of three son. Hence this is gift to ram from his father. Therefore shall it be call ancestral property.

Though Ram's father funded for the purchase of this property, since he bought the same on his sons names, this property shall belong to his three sons only. This cannot be considered as ancestral property.

(ii) if this not an ancestral property then will there be any share of mother of the death of her son

Yes the mother being a legal heir to the son, she is entitled to a share out of her son's properties besides other legal heirs.

(iii) Grandmother has already made a registered will in fabour of Ram's son on December,2016 but still Ram's mother can transfer her share on deceased son(Ram)'s property to another son( sankar) though fresh registration.

The Will shall come into force only after the lifetime of the grandmother whereas she can transfer the property by a registered deed to any other person during her lifetime, thereby the will stands automatically canceled becasue there is nothing to enforce in the will.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

If India law permit this i.e. a mother can transfer her share on deceased son(Ram)'s property to another son( sankar)

then all greedy bothers will prey/take care so that his bother will die before the death of his mother so that he can acquire bother property though his mother

This is the law of inheritance.

You should understand the meaning of law and cannot interpret the same in the manner that suits your taste.

The law is common for all and not particularly to you hence there is no point in agitating the same since it is not favoring your situation.

In fact you should think about the fact that it is not your self acquired property hence you have no choice than to abide by the law in this regard.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

Sir

Firstly the mother have the share in the property left by the deceased son. The mother is a legal heir of the deceased son.

Under Hindu Succession Act, 1956, the property of a Hindu male dying intestate would be given to heirs within Class I.

Class I Heirs

-----------------

1) Mother 2) Widow 3) Daughter 4) Son 5) Widow of predeceased son 6) Son of a predeceased son 7) Daughter of a predeceased son 8) Widow of a predeceased son a predeceased son 9)Daughter of a predeceased son of a predeceased son 10) Daughter of a predeceased daughter, and 11) Son of a predeceased daughter

She have the right to dissolve her share in the deceased son's property as per her wish.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

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