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Is it legal to sell property without children's consent ?
02-Jan-2023 (In Property Law)
We are only 4 daughter's of our hindu parents. Our mother died in 2014, leaving behind a property in Patna. My father bring a kept after mother's death. He sold my mother's property to third party without our consent. Can we challenge sale deed? What share we get?
Yes you can if the property was entirely in the name of your mother and was her self-acquired property.
Infact your father is not a class 1 legal heir as per Hindu Succession Act and hence the property of your mother would devolve to you and your sisters after your mother's death in equal share as husbands are not legal heirs as per Hindu Succession Act
Infact your father is not a class 1 legal heir as per Hindu Succession Act and hence the property of your mother would devolve to you and your sisters after your mother's death in equal share as husbands are not legal heirs as per Hindu Succession Act
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Adv. Samyak Raj
Delhi | 500+ Answers
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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
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 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.
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
Yes you can challenge the sale because ur father was entitled to sell only his property. Since u r also inherited your share of property Sold by ur father is challengeable in a court of law. Ur grievances can.
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Adv. Abu Bakar
Patna | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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