1)it is not ancestral property
2)you are at liberty to sell the property
3) during your lifetime your sons have no share in your property
4) their signature is not necessary for selling
Son’s Right on Mother Property
Hi My mother has given me property(agricultural land) which she got from her parents.My parents are no more. I have 3 sons and I have adopted a daughter.Unfortunately there is no legal document for adoption of my daughter. I want to sell my property and give money to my daughter as my sons are well settled.But my sons are not allowing to sell my property.My husband also support my sons. The Question is 1.Does my property comes under ancesteral property for my sons? 2.Can I sell my property? 3.Does my sons have right on my property? 4..Should they also sign the document for selling? 5.Wat other legal problems can I face?
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
1. No as per hindu succession Act the property received from mother by her daughter, the class one heir will be her mother's side beneficiaries. It will not be an ancestral property if you received it as self acquired from mother and the same of not devolved from 3 generations.
You can only sell if there is no claim from mother side heirs. The actual class 1 heir shares re real heirs
NO, this is your self acquired and solely owned property. No say of husband and sons.
Yes,
NO,
NO,
No problem at all, you are free to sell and gift sale proceed to your daughter.
The property which is inherited up to three generations is referred to ancestral property.
you can sell property without consent of your sons.
your sons dont have any rights in your lifetime. after your death your adopted daughter cannot claim any share because legally you are not adopt her. but in your lifetime you can sell your property or you can transfer said property on her name.
not required.
No your property does not come under the head of ancestral property
Yes you can sell your property
They will have a right on your property after your death and not during your lifetime
No they are not required to sign any document for selling the property
They may challenge the sale deed before the court but in any case it will not be a very good case to fight upon
1. No it is not ancestral property you are absolute owner and you can sell, gift the property on your wish.
2. yes
3.No they have no right on the property.
4. No there signature is not required.
5. See you can sell or gift the property daughter they cannot take any objection on same.
Dear Sir,
No, your sons have no rights over your property as it is your property and you are having absolute rights over it. You can give it to anybody through gift or you can sell it to anybody.
Depends on what the Mother wants. If she wants, nothing to stop. If she doesn't, nothing can be done. If the mother dies intestate, the property would devolve on heirs, equally.
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.
1.This property shall be your own and absolute property.
Neither your sons nor your husband can prevent you from transferring this property by executing a registered gift deed to your daughter.
They cannot do that legally because they do not have any rights in it, moreover this is not an ancestral property as well.
2. You can very well sell this property without taking anyone's permission or consent.
3. No.
4. No.
5. Nothing, dont worry they cannot do anything on it.
No your property is not ancestral to your son.
you can sell your property as per your wish.
your son does not have any right to your property.
Nobody to sign except you.
no legal problem in the given case.
Dear Madam
If your mother gave the property to you then it doesn't come under ancestral property.
You can sell your property as and when you want and you are at liberty to give all money to your daughter.
Your son's have no right in your property during your life time.
No signatures of your Son's are not required for sale of your property.
