• Can mother sale property (land in Patna)

Can mother sale land which acquired by her name 34 year before without consent by her Adult Son.
Asked 2 years ago in Property Law
Religion: Hindu

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18 Answers

If it is her self acquired property then your consent is not acquired for the purpose of selling the land acquired by her in her own name.

Devendra Singh
Advocate, Mumbai
29 Answers

4.3 on 5.0

Yes, she can sell her property without the consent of her children.

Mohammed Mujeeb
Advocate, Hyderabad
17217 Answers
11 Consultations

4.5 on 5.0

Yes if the property stands on her name she can sale it without consent. She has complete right on the self acquired property.

Shubham Jhajharia
Advocate, Ahmedabad
25176 Answers
103 Consultations

5.0 on 5.0

If the property is on your mother's name, then she need not take anyone's permission or consent to dispose or alienate or transfer or sell the same to anyone of her choice as per her desire.

A property in the name of a married woman shall be her own and exclusive property in which nobody has any claim or right.

Mohammed Mujeeb
Advocate, Hyderabad
17217 Answers
11 Consultations

4.5 on 5.0

the property was acquired in the mother's name and therefore, belongs to her. she can sell the property without her son's consent.

regards

Rahul Mishra
Advocate, Lucknow
9624 Answers
17 Consultations

5.0 on 5.0

Yes, the same happens to be the self acquired property of the mother and as such she may go ahead and sell the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

What is source of funds for purchase of property

2) if mother had no source of income , property purchased in her name then sin can claim share in property as it was bought fir benefit of joint family

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

That is her property and she can dispose the way she want. You are you to stop her to dispose her property.

It doesn't matter if you are adult or minor. She have absolute right on her property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6627 Answers
23 Consultations

4.9 on 5.0

Yes, she can freely do so.

This will be deemed to her acquired property.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

At best had your father been alive, he could have claimed back this property. Moreover, this isn't even Benami Property.

You've no locus to prevent your mother from selling this off.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

Property was bought in mother name for benefit of joint family

2) son can claim share in property

3) son can file suit for partition for division of property by metes and bounds

4) seek injunction restraining sale of property by mother

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

Even if the property is gifted by husband or purchased by the husband in that case also she is sole owner of the property the children has no claim of whatsoever nature on it.

Shubham Jhajharia
Advocate, Ahmedabad
25176 Answers
103 Consultations

5.0 on 5.0

Sir the law does not discriminate between a person who earns and one who does not. She may have been a housewife but thevproperty was registered in her name....therefore she is the rightful owner.

Regards

Rahul Mishra
Advocate, Lucknow
9624 Answers
17 Consultations

5.0 on 5.0

Citation

YOGITA DASGUPTA ......Appellant

VS

KAUSTAV DASGUPTA ….. Respondent

Mohammed Mujeeb
Advocate, Hyderabad
17217 Answers
11 Consultations

4.5 on 5.0

Can mother sale land which acquired by her name 34 year before without consent by her Adult Son.

If she owns the property and the title is on her name and if she is confirmed to have clear and marketable title on her name then she can very well sell the property without taking the consent or permission of her son or anyone.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

It’s written on deed that she is house wife, I assume may her Husband acquired in her name who is not alive now,

At time of land acquisition in year 1984 both son were under 5year of age.

Even though her husband has bought this property on her name, the property belongs to her and she is the absolute owner of the property, hence her authority over the property cannot be questioned or challenged.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

Then you may challenge the same, but it will be a very difficult task to prove that the same was purchased by your father, since during the lifetime he has not declared the same to be HUF.

Regards

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

1. Property acquired in name of Wife, by Husband, would be classified as "stree-dhan" and shall be absolute title-ownership property of the Wife, without any further reference to anybody, whosoever (including husband, minor child ....)

2. Wife can sell /gift /transfer /mortgage /donate her property, without any liability to her minor children, at the time of receiving the property. The Adult (then minors) shall have no right to dispute on the said Wife's property, in any way, in any manner.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4937 Answers
24 Consultations

5.0 on 5.0

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