your sons and daughter have no share in property if you decide to sell it
2) inherited property is not ancestral property
Self acquired property of my mother
My mother has 4 children, I am the third. she is the absolute owner of the property (My father bought the property in my mothers name, its my fathers self earned money, he is no more) who settled the property to me (son) by way of settlement deed in 2007 and For this i settled by payments to the other three and got this property, now my mother is no more. My question is Will my sons and daughters has rights get stay or claim if i sell this property.? Will this come under ancestral property ? Please can anyone answer.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
No as it is will be your self acquired property not ancestral. You can sell it or you can execute will as per your preference
This property is not covered under ancestral property definition this is self acquired property of your mother and transferred to you through sale your children will know right on the property until and unless you voluntarily will the property as per your choice but in case of your death they are the legal Heirs of you and they will have the equal right on the property along with your wife
No your son daughter has no right on the said property.
It is self acquired property.
Since this will become your own and absolute proeprty your children or anyone cannot claim any rights in this property at least not during your lifetime.
This will not come under ancestral property.
we didn't mention in the settlement deed about my payments to the other 3. but my brother & sisters signed as witness in this settlement deed & also they don't claim. Now my wife filed divorce on me and the case still runs for 6 years and i am paying regular maintenance. she has filed an injunction suit in this property but it is simply lying in the court not even any counter attempt. Here, I have three doubts... 1. Will the court give injunction to stop selling the property? 2. Is it right to sell the property if the injunction case is pending for 5 years. and again 3.Will my sons and daughter has rights to get stay or claim if i sell this property in future? or if I sell, Do they need to put the signature in the register office? Please answer.
Asked 6 years ago
Wife can take plea that it is her matrimonial house seek injunction restraining sale of property
2) court can grant injunction restraining sale of property by you
3) your wife and children have no share in property
4) yiu don’t need their consent to sell property if there is no injunction order passed
1. See based on her application claim when they have no.right injunction cannot be granted.
2. No pending the stay property cannot be sold
3. No if there is no stay and you sell they have no.right.
There signature is not required to sale the property.
I don't think so they may get temporary injunction but later the case will not stand. I don't think so they have case on merits
1. Legally speaking the court should not grant injunction.
2. If there's no restrictions from any court of law to sell the property then you can proceed.
3. You children also don't have any rights in the property at least not during your lifetime.
1. No, the children will not have any claim.
2. No
1. the court will not give injunction since you have paid consideration in form of settlement therefore the same will be treated as your self acquired property.
2. If you sell the property then the purchaser will step in your shoes and will be bound of the order passed in the injunction suit.
3. No they are not required to put the signature.
Regards
1. During your lifetime none of your heirs has any share in the property. You are free during your lifetime to alienate the property i.e you may sell, gift or mortgage it. You are also free to bequeath it to anyone you desire. On settlement from your mother in your favour you became the absolute owner of the property, consequently there are no fetters on your right to alienate or bequeath it.
2. It is not ancestral property.
3. It ought to have been mentioned in the settlement deed that other heirs have been paid their pound of flesh. However, the omission does not vitiate the settlement deed itself as settlement was made by your mother.
4. It is not clear whether your wife has filed a regular civil suit for injunction or she has sought injunction under DV Act. You may note that under DV Act the magistrate can issue injunction in favour of wife if the sale of property by husband would defeat the right of residence of wife.
Self acquired property of your, none have any say.
Wife has no say in the property, she can only get stay on shared household in which she was living with husband. Not as a claim but only right to resident. Well, no injunction will grant.
Your all free to sell.
Will my sons and daughter has rights to get stay or claim if i sell this property in future?or if I sell, Do they need to put the signature in the register office? NO
Grandchildren cannot claim a share in the self-acquired property of their paternal grandparenfs if it had been allotted to their father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956
Also the Properties inherited from mother, grandmother, uncle and even brother is not ancestral property.
- No the court will not give injunction on selling your property
- You children can't claim the share in property or even stay on sale if you sell the property due to the reasons mentioned above.
- As per the information mentioned in the present and subsequent query, makes it clear that the property came to your mother form your father.
- And the same was self acquired property of your father.
- And then the property came to you form your giving the status of self acquired property for you also.
- Your children cannot claim any right in the property for two reasons as property coming from the mother means female members would always be self acquired property in the hand of the person like you in the present case.
