I have a situation for my friend where his father was expired and by that time there is a agriculture property of 12 acers on his name. My friend has his brother and his mother. Now how will the property be distributed? does three of them will get equal share of property ? does the mother have the option to choose only one of her son and transfer the property of 12 acers to him? If in case mother choose only one son and transfer the complete property on his name, can other son legally challenge it in court? What exactly is the proper approach which is legal in this case.
Equal Distribution: Property divides equally among 3 heirs:
Mother: 1/3 (4 acres)
Son 1: 1/3 (4 acres)
Son 2: 1/3 (4 acres)
Mother's rights: Can only transfer her 4-acre share to one son, not the entire 12 acres
Legal challenge: Other son can challenge if mother tries to transfer entire property, but not if she transfers only her own share
Proper approach: Get succession certificate → Partition equally → Mother can gift her share to preferred son
Mother and 2 sons will have equal share in deceased father property
2) mother can during her lifetime execute gift deed for her one third share on property in favour of one of sons
Also what if mother transfers the complete property 12 acres to only one son without other son's consent? Can other son challenge this legally?
All three of them have 1/3 share in this property, unless the deceased father has executed a will favoring one of them exclusively.
All three of them should get their names mutated in the land records
Property was in father nane only
she has one third share only on husband demise
she cannot transfer entire property in one son name only
you will have to file suit to set as side transfer
1. Assuming that your friend's father died intestate (without executing a WIL), then the property would devolve equally to his mother (if alive), your friend's mother and his children. Assuming that the mother of the deceased is also not alive, then the property would devolve equally to his wife (your friend's mother) and two children in the share of 1/3rd each.
2. The mother can take a decision only in respect of her individual share of 1/3 and not in respect of the entire 12 Acres.
3. In case your friend's mother transfers the entire 12 Acres to only one son without other son's consent, then the other son can challenge it in the jurisdictional Court.
All of you are legal heirs and entitled to equal share of the land.
If either of you is deprived of the share, it can be challenged.
G.Rajaganapathy
Advocate
High Court of Madras.
- If his father died intestate , then his said property would be devolved upon all his legal heirs equally i.e. each will get 1/3 share
- Mother can transfer /release her 1/3rd i.e. 4 acers only to anyone without taking other consent .
If the property belonged to your friend's father as his self acquired or own and absolute property, then upon his intestate death the properties left behind by him shall devolve equally on all his legal heirs consisting of his wife and children.
His mother cannot transfer entire property in favor of her one son alone, she can transfer her shaer in the property in favor of her chosen son, that the other son cannot object or dispute.
Yes, the other son can file a suit for partition seeking division of property into three equal shares and to allot one such share to him divided by metes and bounds considering good and bad soil.
Upon the demise of your friend’s father, the agricultural property measuring 12 acres standing in his name would devolve upon his Class I legal heirs under the Hindu Succession Act, 1956 (assuming the family is Hindu). The Class I heirs in this case are the widow (mother) and the two sons. Accordingly, the property will be distributed in three equal shares — one share each to the mother, the first son, and the second son. The mother, by virtue of this succession, becomes the absolute owner of only her one-third share in the property. She cannot legally transfer or alienate the entire 12 acres to one son of her choice. At best, she may transfer her one-third share to one son through gift deed, sale deed, or will. Any attempt to transfer the entire 12 acres exclusively in favour of one son without the other son’s consent would be invalid, as she does not have the ownership or authority to deal with the shares belonging to the other heir. In the event that she does so, the excluded son has every right to challenge such transfer before the competent civil court for declaration, partition, and injunction. The proper legal approach in this case would be to either execute a family settlement or partition deed recognising each heir’s rightful one-third share, or, if the heirs are in agreement, allow the mother to transfer her share as she wishes. Without such lawful partition or consent, no unilateral transfer of the entire property by the mother can stand in the eyes of law.
If the property transfered to son was self acquired property of his father then he doesn’t have to give any share to mother and siblings and if its ancestral all will get equal share
Under Hindu Succession law, when a Hindu male dies intestate (without a will), his property is inherited equally by his Class I legal heirs—namely, his widow (your friend’s mother) and all children (both sons in this case). Therefore, after the father's demise, the 12 acres of agricultural property will be divided equally among the mother and both sons, meaning each will get a one-third (1/3) share.
The mother cannot legally transfer or gift the entire property (12 acres) solely to one son unless:
The other son agrees and relinquishes his share in writing (i.e., through a registered release or relinquishment deed).
The property is formally partitioned and the mother holds exclusive title over her share, after which she may transfer only her 1/3rd share.
If the mother attempts to transfer the entire property to one son without the other son’s consent or without a proper partition, such a transfer would be legally invalid concerning the shares of the other son. The excluded son can file a civil suit for partition and challenge or set aside any unilateral transfer or mutation. The court will typically restore his rightful share.
The proper and legal approach is:
Apply for mutation of the property in revenue records reflecting all three heirs as equal co-owners.
Voluntary partition can then be carried out through a registered partition deed if all parties agree.
Alternatively, if there is a dispute, any heir can file a partition suit in civil court to claim their share.
In conclusion, all three heirs have an equal right. A mother cannot lawfully transfer the whole property to just one son; any such transaction, done without the consent of the other son, is open to legal challenge and will not deprive him of his rightful share.
If your friend or you require any further guidance, document drafting, or legal representation regarding this partition or dispute, you may contact me directly for professional legal assistance. This advice is given confidentially and is protected under advocate-client privilege.
the property will be divided equally among the mother and the two sons if no will exists. The mother cannot unilaterally transfer the entire property to only one son without proper legal procedures, and such transfer can be challenged by the other son.
According to the Hindu Succession Act, 1956, specifically Sections 15 and 16 the property of a Hindu male dying intestate is to be distributed among Class-I heirs, which include the mother and sons. In the absence of a will, the property is divided equally among these heirs.
- The first point of reference is the rule that the property of the deceased will devolve upon the mother and the sons equally, unless a specific will or legal arrangement states otherwise. The documents clarify that the mother is a Class-I heir and in the absence of a will, her legal share is one-third, with the remaining two-thirds divided equally among the sons.
The mother, as a Class-I heir, has the right to inherit her share of the property. However, her ability to transfer or alienate the entire property is limited:
Under Hindu law, a mother cannot transfer the entire ancestral or self-acquired property to only one heir unless she has the legal authority, such as through a valid will or legal procedure.
- Her power to transfer is generally limited to her own share or limited estate, and such transfer must be within the bounds of law. Any transfer of the entire property to only one son, especially if done unilaterally and without legal necessity or proper consent, is susceptible to challenge by other heirs.The law does not recognize unilateral transfers of the entire estate by the mother to only one heir as automatically valid; such actions can be contested under the principles of succession law and transfer law.
If the mother chooses to transfer the entire property to only one son, the other son can legally challenge this transfer in a court of law, asserting his right to an equal share or to the entire estate if applicable. The transfer, if found to be invalid or made without proper authority, can be declared null and void, and the property can be ordered to be partitioned or re-divided among the heirs
On father’s death (Hindu law, intestate): Property goes equally to mother + 2 sons → 1/3 share each.
Mother can transfer only her 1/3 share to one son. She cannot legally transfer all 12 acres.
If she transfers full property to one son, other son can challenge in court and get his rightful share.
Proper approach: Do legal partition first, then mother is free to gift/sell only her share.