• Rights of children over mother's property

My mother by a court decree got 50% equal share of agricultural land belonging to her father.

This was the self-acquired property of her father.

We are five children (all majors). She wants to sell some part and distribute the land & money according to her own wish and not equally among all children.

Can she sell without the signatures of her children?

Can she deny any one of the children any share at all?
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

Lawyers are available now to answer your questions.

15 Answers

No she cannot sell without your consent and noc. She can't deny the share also


The hindu succession Act is very clear about the same if the property was received by her from her father during marriage then the class one heir will be her father side and not her husband and children. Here I have assumed that there is no one to claim from her father side as no information is given above the legal heirs that is her children will also have share in it. Unless and until the same is received by her through will. If there was a will of her father it will be devolved as per will. Otherwise legal heirs will have their right and your mother will not have exclusive rights. Here the class one heirs will be her brothers and sisters and not her children


Your rights will only come if no one claims from her fathers side

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

It is her own property. She can do anything with the property.

Regards 


The property belongs to her. She got it after a court decree wherein her other siblings/shareholders must have been involved. Therefore it is her property. Nowif she does not name anyone then after her her heirs would get it ie her children. she can either do this or give it to someone else in her lifetime.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is not ancestral property 

 

2) your mother is at liberty to sell the property and distribute the sale proceeds as she wishes 

 

3) she does no need  consent of her children to sell the property 

Ajay Sethi
Advocate, Mumbai
94815 Answers
7557 Consultations

5.0 on 5.0

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is considered as ancestral property.Your mother got the property from her father does not comes under the head of ancestral property.

 

So she can distribute or alienate her property as per her wish .she does no need any  consent from her children to sell the property .

Ajay N S
Advocate, Ernakulam
4078 Answers
111 Consultations

5.0 on 5.0

1. The share which she got by virtue of the decree became her separate property which is at par with self acquired property.

2. She being the owner is at liberty to discriminate between her children when it comes to division of sale proceeds. The title holder is under no legal obligation to divide equally. She can jolly well deny any share to a child.

3. She does not require the consent of any of her children to sell her share.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since it's the self acquired property in the hands of your mother, she is absolutely free to take any decision regarding the property without having to take any body's permission, including that of her children, during her lifetime.

2. Your mother can sell her self acquired property without the signatures of her children.

3. Your mother will be within her rights, during her lifetime, to deny her self acquired property share to any one child or all the children.

Shashidhar S. Sastry
Advocate, Bangalore
5131 Answers
314 Consultations

5.0 on 5.0

Yes she can freely sale or transfer the property she is absolute owner of the property.  Yes she can deny share to one or all children or can give it as per her will.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Yes, she can sell without the signatures of her children,

If the property is acquired by Mother on her own, she can either sell or gift to her son or daughter at her will.

you have no right on the said property. Your mother is the absolute owner of the property; she can transfer the property as per wish.

 

1) First and foremost the mother got the property as her marriage gift from her parents.
2) So in accordance to Sec 14 of Hindu Succession act, it is the absolute property of the mother.
3) Sec 14 of Hindu succession act reads as follows:
Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Sir,

It is her self acquired property as she acquired the same from her husband and children have no say and share in the said property.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Yes, she can sell the property as she is the absolute owner of that property and nobody have right to restrain her 

2. yes she can deny.

 

this property is purely belongs to her and it is her wish and will to give or deny the property to her children or not.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes, no right of any child.

Yes can refuse any child.

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

No children's has legal right over the self acquired property of his father or mother. 

children's have the first right (as Class I heirs) over the self acquired property of their mother if she dies intestate i.e. without leaving a Will.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes she can sell the land without consent from her children because it is considered as self acquired property of your mother.

Yes she can deny share to any of her children and make distribution according to her wish. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes, she can sell property as per her wish and till she is alive children can't claim in the property. Because this inherited property will be treated as self acquired property once its partition.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

The property acquired  by your mother shall become her own and absolute property.

In this no one including her children have any rights for any share.

She can sell the properties to anyone without taking consent or permission from any children or anyone.

She has got full rights to dispose the properties to anyone of her choice.

She can decide about not giving any share to any of her children, there is no grievance on this nopr the affected party can sue her.

T Kalaiselvan
Advocate, Vellore
85018 Answers
2208 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer