Can mother sell her share in ancestor property after father death?

662 votes

I have already answered this question to you on phone but perhaps you have not satisfied with my answer as I think. I am again telling the same answer. "After death of your father your mother acquired her right in the ancestral property as a "widow" and she has full right to sell her share for her maintenance and fulfillment of some other legal necessity." So far the question of gift is concerned, she can't make a gift until partition took place. I again advice you that your mother has full right to sell 33% of her share in ancestral property.

Advocate Dilip Kumar LawRato

744 votes

Your mother has right over 1/3 portion of property so she can sell or gift as per her choice but there should be partition .U can help lok adalat where u can find the award of partition on the basis of compromise so file a partition before lok adalat . Lok adalat is a compromising court where u can get remedy through minimum expense and in less time.

LawRato LawRato

872 votes

Yes, indeed, your mother can sell her share. But so far her maintenance, she don't need to sell her share in the property. You being her son duty bond as also legally responsible to maintain her with all degnity.

Advocate Kumar Abhimanyu Pratap LawRato