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Mother gave ancestral property to son without consent of other heirs
24-Jul-2023 (In Family Law)
My mother gave her ancestral property to my brother without anyones consent. We are 1.brother and 3 sisters. He registered the property in his name.. When we came to know about this later. He gave us our share as gift deed. Now can i sell my share of property without anyones signature.? Can i sell it if its a gift deed.? As my mother dont want me to sell that property.
A gift, once it is completed is irrevocable but to constitute a valid gift there must be delivery of possession that means, you must have already effected mutation in your name. If you are paying tax and having custody of the land gifted to you, nobody can prevent you from disposing of the property to a person of your choice.
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Adv. S Sreekumar
Trivandrum | 25+ Answers
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What are the rights of mother in deceased son's property?
Mothers rights to sons property
A mother has a legal right to inherit the property of her son who died. If a man dies, his wife, mother and children all have equal rights to his property. 26-Oct-2023
Can parents give property to anyone?
The absolute owner can transfer any property or asset they have acquired themselves to whomever they wish. You can do this through a will or a gift deed. 20-Mar-2023
Can mother deny property to son?
No. Parents cannot disown their sons from ancestral property. According to the Supreme Court of India Ancestral Property is property that sons inherit from their direct male lineal ancestor and collaterals inherit from a common ancestral ancestor. 01-Nov-2022
Can a son buy property from mother?
Even if he is the only beneficiary of your will, he cannot claim the property until you pass away. After your death, he can claim it. 17-Jan-2022
Hai.
eventhough u have stated it to be ancesttal property, if the property is in the sole name of ur mother with title and tax paid in her favour no1 had anything to do about it. She is the absolute owner and had the right to dispose the same at her disposal.
But there is exceptio on certain hindu ancestral property subject to area. Other wise if the properrty gt interst from other too, the mere execution of the deed only confers her PERSONAL SHARE over the property an such SHARE OF HER in the property alone stands transfered. If such right this transfered to u. U have that accumilated SHARE OVER THE PROPERTY nothing more. U can sell UR ACCUMILATED SHARE OVER PROPERTY
Still a bit confused ? Do contact a civil lawyer
Hope am upto ur query
eventhough u have stated it to be ancesttal property, if the property is in the sole name of ur mother with title and tax paid in her favour no1 had anything to do about it. She is the absolute owner and had the right to dispose the same at her disposal.
But there is exceptio on certain hindu ancestral property subject to area. Other wise if the properrty gt interst from other too, the mere execution of the deed only confers her PERSONAL SHARE over the property an such SHARE OF HER in the property alone stands transfered. If such right this transfered to u. U have that accumilated SHARE OVER THE PROPERTY nothing more. U can sell UR ACCUMILATED SHARE OVER PROPERTY
Still a bit confused ? Do contact a civil lawyer
Hope am upto ur query
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Adv. Manoj George
Alappuzha | 200+ Answers
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First of all, the property may not be ancestral. As such, there was nothing irregular in giving it to your brother; so is the subsequent gift to you. Your title is absolute if all the transfers were through registered deed. You can sell the same. However, you need to respect your mother's sentiments as well.
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Adv. P Venu
Vaikom | 500+ Answers
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