son can file suit to claim share in property bought in mother name as it was bought for benefit of joint family 

2) seek injunction restraining sale of property 

3) grand children have no rights over the property 

Nops, it is Benami property, actual owner is father. So have half share on father`s intestate death.

Son can challenge the sale or can get injunction order from court against sale. Grand children have no right.

- As per law , A mother can sell a property , if she has purchased the same from and out of her own funds , without taking consent of anyone/Son.

- But, if the the property was purchased from the income of others or her husband , then she cannot sell the same without getting the consent of other family members.

- Since, the said property was purchased from the funds of her husband , so she not having right to sell it without the consent of sons. 

- Yes, the son can stop any transaction  of the  said property from the Court of law in India, after filing Injunction Suit.

- If, son is in foreign , he can execute POA , for approaching the case on his behalf in India.

- No, Grand children have no rights over the property 

Good luck and dont forget to rating Positively.

How the property has gone to your mother's name. If your father had transferred it by any testamentary disposition, then your mother shall have exclusive right to the property. During her life she can dispose of the property as per her wish. In absence of such disposition by your mother the property shall devolve upon all legal heirs intestacy on her demise.

On the other hand if your father did not transfer this property to your mother during his lifetime, all legal heirs including your mother shall have equal right to the property.

If you are brother and sister and mother than 1/3rd share each. She can give only her share. for rest part , WILL is void. 

Son should file suit for partition for division of property by metes and bounds 

2) seek injunction restraining sale of property by mother pending hearing and final disposal of suit 

In that case your mother is the absolute owner of the property. She can dispose of the property according to her choice.

She is right. She has absolute rights over the property and can transfer to anyone.

Regards 

G.Rajaganapathy 

See if father paid for property in name of mother then in that case son or any other children has no right on it the mother is absolute owner she on her on wish can sale transfer or gift or will the said property. 

No suit is maintainable and the grand children too has no right on sa,e.  

See can will as per her wish.

1.  IF Husband has purchased property in name of Wife with his own self-acquired funds, THEN the ownership of said property belongs absolutely to the Wife and nobody else.

2. Wife is entitled to sell /transfer /gift /mortgage /donate /whatever .... to anybody she wishes, without any legal reference to anybody, including her childrens or whosoever.

As per the details provided by you I would suggest that if the property stands in your mothers name she has every right to dispose the same as per her wish but as you said that the property was purchased by your father in your mother's name as your mother being a housewife at best you can claim the property under the provisions of Benami transaction Act.

No in this case son do not have any rights in the property it will be treated as self acquired property. No matter whom so ever pay the money.

If the said property was husband property and he died intestate then all children along with wife has rights

Hi

Going by the contents of the Post, it looks as if it is self acquired property of your mother. 

In that case, she can deal with it as she likes.

Other way round, in case if you can prove that, the funding was done by your father and during relevant period she does not have any financial capacity to acquire the said property. 

Under such circumstances you can file case questioning the title of your mother and can claim right.

Dear Client,

You can not force your mother to transfer the property to your name nor you can stop from selling that property. If she dies without a will, property will be divided among all the living siblings. 

The property, though funded by his father, the same was bought on her name, hence it becomes her own and absolute property.

in this property neither her son nor her own husband or anyone can claim any right over it even for a share in it.

She can dispose the proeprty in any manner to anyone and she need not take the consent of anyone for disposing this property 

The son has no rights in this property at least not during her lifetime, therefore the grandchildren also do not have any rights over it.

The property was purchased on your mother's name hence it becomes her own and absolute property, therefore she is the only person who has full rights in the property.

Her authority over this property canot be questioned by anyone nor anyone can claim any rights over this property.

Yes it will be considered as self acquired property.

She can sell it without consent of her son. 

No son have no right over the property so he can't file any suit over it. 

No one except mother have claim over the property till she is alive.

Dear sir/madam

My reply is as follows :

1.Will this be considered as a self acquired property?
Ans: It is self acquired property of your father , as such all his legal heirs ie yourself, your mother 
and your sister have equal share.

2.What rights does the son have in the property?
Ans: Equal rights as per Section 8 of Hindu Succession  Act: 

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General rules of succession in the case of males.―The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:―

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

3.Can mother sell it without the consent of her son?
Ans: You can get immediate stay order from court otherwise she may sell as it is standing in her name . 

4.Can son file a suit so that the mother doesn't pledge or sell the property? 
Ans: Yes you have to file partition suit and get immediate stay order for non alienating and pledging 

5.Property is in India and all are foreign nationals.Property is an house.Does the grandchildren 


have any rights over the property?
Ans: First parents of grandchildren get a right and in their hand it is self acquired property and at their wish it will be 
devolved upon grand children .