Yes she can sold his property...
Self acquired property by mother & rights of daughter in-laws & grandchildren
My mother had bought a Plot in her name a long time back. It is self-acquired property. It's not my Father's property. It is not inherited from ancestor/s. Recently she had published an Information Ad of DISOWNED FROM PROPERTY which she had published in two leading newspapers i.e. Hindi & English stating that she had disowned me (myself), my wife, and our two sons (minors). This ad was published this month 2020. My wife had filed a case in 2018 for Divorce & false Domestic Violence and my mother advertises in 2020. My wife is a Govt. Employee and earning Rs.90,000/- per month. She has both of our Sons and taking of them. My wife made my mother also as accused in this false case in order to grab property. Now please guide: 1. Do I (son), my wife, or my children have any rights on the self-acquired property of my mother? 2. If my Mother disowned me (myself), my wife & our children through Newspaper, can my wife / Children still claim property right? 3. If yes (mean they can claim), then, does she (my mother) has to file a case under the Senior Citizenship act in SDM to disown all of them? 4. Does filing a Domestic Violence case give the right to my highly earning wife to claim her share in the self-acquired property of my Mother? 5. Can filing a domestic violence case, supersede the above disowning advertisement given by my mother? 6. Can filing a domestic violence case, obstruct in filing a petition under the Senior Citizen act of disowning me, my wife, and my children? 7. Can filing a domestic violence case, supersede the decree given by SDM in favor of my mother related to disowning? 8. Can the WILL of my Mother supersede everything even claim by my wife or my children? 9. Can my mother, sale the property despite having a domestic violence case even her name is involved? Please answer with brief explaination.
Asked 5 years ago in Property Law
Religion: Hindu
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12 Answers
You , your wife , children have no share in mother self acquired property
2) no need to file case before senior citizen tribunal
3) mother can by will bequeath property to any one she pleases
4) mother can sell her property
1. No.
2. Even without disowning anyone, it is her own property, nobody can claim any share in her property as a right at least not during her lifetime.
3. Nobody has any rights in her property.
4. No.
5. No.
6. No.
7. No.
8. Yes.
9. Yes.
She's the absolute owner hence there's no restrictions on her to sell the property.
1. No. None of you has any share in the property of your mother duringher lifetime. I wonder who advised your mother to make this publication which had no necessity at all nor has any force of law.
2. Same as above.
3. Same as above.
4. No
5. No
6. No
7. No
8. No
9. Yes.
Engage an advocate who holds proper knowledge over this.
There is nothing called disowning. One cannot disown his/her own children
in her life you don't have any rights, incase if she died intestate then as a class1 legal heir you can claim.
she can sell her property.
1 no only rights will be there if she dies without will. Or she gives her
2. No.
3. No senior citizens Act doesn't have criteria for disonwing.
4. No
5. No
6. No
7. No.
8. Yes
9. Yes if there is no stay
Nobody has any share or rights over tgat property. No they cannot.
I will tell you this....the property belongs to your mother. Nothing can stop her from dispoing it. Your wife cannot do anything.
Based on the facts of the case We answer your questions 1 to 9 lawfully as under:-
1- Yes and No both. If your mother dies intestate then you have first right over the property of your mother.If your mother disowns you and makes WILL bequeath her all self acquired property to a stranger then you and your wife child have lost all your legal rights over the self acquired property of your mother as per Hindu Succession Act 1956 as amended 2005. No lawyer and No court may grant you any relief if she bequeathed her property to anyone else.
2- The answer is NO. Please refer explanation in answer No 1
3- The Answer is NO.
4- The answer is No.
5- The answer is NO.
6- The answer is NO.
7- The answer is NO.
8- The answer is YES.
9- The answer is YES.
Dear Sir/Madam,
You are suggested that you, your wife and children have no right in the self acquired property of the mother. No one can demand the share in that self acquired property. The the use of senior citizen maintenance act will be another tool for the mother to disown all. Your wife can in no stage, claim the share in self acquired property of mother. DV case and other acts cases will run concurrently having no connection among them. You mother can do anything to that property.
1. No, only your child have right over your mother's property.
2. Yes, only your child can claim.
3. Yes she can.
4. No.
5. No
6. No
7. No.
8. Yes.
9. Yes she can.
No. On her intestate demise, you will inherit her property even than your children and wife have no claim in it.
Daughter in law and grand chilren have no say in the property. No case require to file.
Mother cane execute Will in your fovor.
Yes she can sell the property. No court will grant stay on sale and on her right to alienate property in any manner.
1. No you don't have any rights till her life time but after her news paper advertisment for disowning you, you can't even claim share after her death.
2. No
3. No she cannot claim any share from property of her mother in law even without that suit.
4. No
5. No DV case is different and case for disowning is different so they cannot supersede each other.
6. Yes
7. Yes she can sell her property.
