During the lifetime of mother, her children do not have any right to claim in her self acquired property

You cannot do anything legally

Your mother can deal with her property in any manner she deems fit

son has no share in self acquired property of mother

2) he has no share in sale proceeds

Dear Client,

In her life time, no claim of child. Which ever son taken part is just by forced, not legally.

1) If the property is self owned and has full rights to do anything of that property. She can sell the property or WILL or may gift to any. Till she is alive her legal heirs don't have any rights on the property.

This is my response to you:

1. Since a self-acquired property is sold, there is no chance to claim it now;

2. If a registered sale deed is existent then nobody else can claim that property;

3. The son can send legal notice and file suit in court, but he has less merits to win the case in his favour;

4. If this son has already taken a part of the property from his family, then there might be some proof that he has received some from favours from his mother;

5. Therefore there is not much to worry about.

Further in response to you:

1. The legal notice can be sent to the mother as well as the person to whom it was sold;

2. The mother has full right to do what she wants with the property without seeking permission from anybody;

3. And before the sale of property the son should claimed his rights, but he did not, therefore no he cannot claim a share in the property at this belated stage.

Means property is not sold or transferred or gifted to any one. After mother her legal heirs (husband, son and daughter) will be owner of the property.

Mother purchased this 151 sq yards plot in 2013 and it is not come from her father or father in law so it is a self acquired property. A son has no legal right in the self-acquired property of his parents, unless he has proof of contribution towards the acquisition of the property. He may be allowed to use the property on permission from his parents, but they are not obligated to allow him to live there. In your case son is not eligible to claim for money.

According to Supreme Court of India guidelines a son can reside in a self-acquired property of his parents so long as they desire and cannot claim a legal right to stay there, irrespective of his marital status.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

You have no right in the self acquired property of your mother during your lifetime and she is free is give it to anyone she wishes.

Also, you not have any right in the sale proceeds too, owing to the same reason.

Mother being the female is absolute owner of the property under section 14 of the Indian Succession Act. No son or daughter has any vested right on her property during her life time.

Regards,

1. Her said son can claim that the property was purchased from the fund given by his father for which it should be declared as his father's property on which he also has equal share along with the other legal heirs of his father's properties.

2. For the said purpose he shall have to prove that the consideration for buying the said property was provided by his father which is impossible for him to prove now.

3. Moreover, the case will run for years when all the other brothers and sisters will oppose him.

4. So, it will not be prudent on his part to challenge the title of his mother on the said property by filing suit.

This property was purchased by the mother hence it becomes her own and absolute property.

In this neither her son nor her daughter or husband or anyone has any rights.

Nobody can question her act of selling or alienating the property in any manner as she desires and decides.

If the property is mother's self acquired then it's her wish to give the share to her son or not. After her death if she dies intestate then son can claim his share.