• Married woman does she have rights on her mother self earned property

Married woman can i claim my mother self earned property 
mother still alive but reluctant to share property among 
girl children but intrested in selling all the property
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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21 Answers

If it's her self earned you can't force her to share the same

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

You have no share in mother self acquired property during her lifetime 

 

on her demise intestate you would would be one of legal heirs 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Your signature is not required to sell mother self acquired property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1.  Children CANNOT stake Claim /Rights over their alive Parents property in any manner whatsoever.  This criteria has been upheld in a recent court judgement.  However children can stake claim /right over such property ONLY IF parents expire without executing any WILL.

2.  Mother is legally entitled to sell her own Self-Acquired property, WITHOUT any consenting signatures of any family member or whosoever.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You have no right to claim in self acquired property of your mother. without consent of legal heirs she can sell said property. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

signature and consent not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

No right during her mother's lifetime. Equal right in intestacy succession.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

It is not ancestral property 

 

2) property which has remained undivided for four generations is ancestral property 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Mother's side property does not become an ancestral. Hence no right during lifetime of mother.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Still if that property is received as self acquired then no rights without her consent.  You need to file suit in court and prove that the said property was her mother's and not her self acquired then. You can claim share

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

No you can't ask share in self earned property acquired. After your mother you are eligible for share.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No in life of mother no one other then mother has any right in the property, mother on her wish can transfer sell the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No signature of daughter son or husband is required.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even in case it was purchased by selling other gifted property you have no right over same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Madam,

Your mother acquired property from her mother and it has become her self acquired property. During her life time daughters or even sons cannot any right over such property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

  1. No you have no right in her property

Tarun Budhiraja
Advocate, Rohtak
379 Answers

You as a daughter shall be entitled to a share in your mother's proeprty as a right only upon your mother's intestate death and not during her lifetime.

You cannot claim any share in her property during her lifetime as a right.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

No, the daughters or sons signatures are not required to sell her property by her during her lifetime.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Whatever may be the source of her income to purchase this property, since this proeprty becomes her own and absolute property, only she has full rights in the property and not anyone else.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The property belongs to your mother and she had acquired it through her own income and hence nobody can have a right on it. Ahe can give it to charity and nobody can object.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No signatures are required.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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