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Can Mother sell ancestral property without children's consent
16-Jan-2023 (In Family Law)
my mother had a ancestral property which she had received through her mother. now my mother has sold the sail landed property without my consent. kindly guide me whether being a daughter can i file a complaint or otherwise
if your mother is the sole owner of the property then she can sell the property without your consent . there is no legal bar for this kind of sale .however if there is any other co owner of the said property then she needs their consent
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What is the mother's right on son's property?
The Karnataka High Court ruled that the mother of a deceased son is entitled to a Class I heirship in his share in ancestral and joint family property, even if the husband is still alive and has a claim on the property. 18-Oct-2023
How do I stop my mom from selling my property?
You can file a lawsuit for permanent injunction to prevent your mother from selling her entire home and granting third-party rights. At the first hearing, you can also seek a temporary injunction. She cannot sell the entire property without your consent.
Can mother give her property to anyone?
The Mother Property Distribution Law in India
In India, the mother can give any of her children her property, even if it is only one son. There are some conditions to meet. If the property was acquired by the mother herself, she is entitled to distribute the property as per her wish. 18-May-2022
Can a father give his property to only one son?
All sons are entitled to inherit ancestral property by birth. The father cant give it to one son at the expense of the others. Since 2005, the Hindu Succession Act has been amended to include daughters as coparceners who have a claim on the ancestral property.
your mother is at liberty to sell her property which is in her name without their children's consent and you have nothing to say about it.
A son/daughter, irrespective of his/her marital status, has no legal right to live in the self-acquired house of his parents and can reside there only at their "mercy", the Delhi high court has said.
The court also said that only because parents have allowed the son/daughter to live in their house as long as their relations are cordial does not mean they have to bear his "burden" throughout his life.
"Where the house is self-acquired by the parents, son/daughter whether married or unmarried, has no legal right to live in that house and he/she can live in that house only at the mercy of his parents up to the time the parents allow."
"Merely because the parents have allowed him/her to live in the house so long as his/her relations with the parents were cordial does not mean that the parents have to bear his burden throughout his life".
A son/daughter, irrespective of his/her marital status, has no legal right to live in the self-acquired house of his parents and can reside there only at their "mercy", the Delhi high court has said.
The court also said that only because parents have allowed the son/daughter to live in their house as long as their relations are cordial does not mean they have to bear his "burden" throughout his life.
"Where the house is self-acquired by the parents, son/daughter whether married or unmarried, has no legal right to live in that house and he/she can live in that house only at the mercy of his parents up to the time the parents allow."
"Merely because the parents have allowed him/her to live in the house so long as his/her relations with the parents were cordial does not mean that the parents have to bear his burden throughout his life".
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Adv. Aveek Bose
Kolkata | 500+ Answers
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No you have no right to file complaint or otherwise, because the property which gets your mother from her mother is absolutely her own. she has every right to dispose it. Therefore, it is better not to do anything, you may lose your money for any sorts of action.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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Hello,
I presume the property was in your mother's name and she was the sole owner of that property. If so, she does not need anyone's consent to sell it. It is her property, her wish. You can not file a complaint unit and unless you are the joint owner of the property.
I presume the property was in your mother's name and she was the sole owner of that property. If so, she does not need anyone's consent to sell it. It is her property, her wish. You can not file a complaint unit and unless you are the joint owner of the property.
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