Can my mother sell her ancestral property without my consent?
Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. But if in case where the property came through succession after the death of anyone of your family members and where she got such right in it, she can not sell it without your consent.
Can I sell undivided ancestral property?
While the head of a Hindu undivided family (HUF) has the power to manage the family assets under the Hindu law, an ancestral property cannot be sold by the sole decision of one or part owners, since four generations have their claim over such a property.
Can a father give his ancestral property to one son?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
Does son have right on ancestral property?
A father has a choice to not will-out his self-acquired property to his son. However, this is not valid in case of ancestral properties. The Hindu Succession (Amendment) Act, 2005 confers the status of a coparcener on daughter giving equal rights (with the son) on an ancestral property.
Can mother give her property to one son?
Your mother is the absolute owner of the property; she can transfer the property as per wish. After her demise you can challenge the will if she execute in favour of your brother alone. If he is not probate the will properly it has only scrap value.
How do you stop someone selling ancestral property?
If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.
Is an ancestral property valid?
Ancestral property will
As per Hindu law ancestral property does not require any will to pass the property to the legal heir. The legal heir can directly claim in court if his or her share is violated against ancestral property.
Who is legal heir for father’s property?
According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers do. According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers.
How can a father gift property to his son?
Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will.
How do I transfer my house from father to son?
Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.