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.
Can mother sale land which acquired by her name 34 year before without consent by her Adult Son.
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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.
Yes if the property stands on her name she can sale it without consent. She has complete right on the self acquired property.
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.
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
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
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
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.
Dear Sir. 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. Please suggest
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.
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
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.
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
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.
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.
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
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