Mother selling the property of deceased father without consent

971 votes

If it is a self acquired property and it was registered in your father and mother's name, subsequently when anyone of these joint owners died intestate, the half of the deceased persons share will devolve upon his/her legal heirs as per Hindu Succession Act. So in your case your father's share will go to your mother and 3 children equally and undoubtedly your mother can sell her half share and 1/4th share of her husband (father) to any buyer. For that your (children's) consent is not at all required.

Advocate Manoj Raghuram LawRato

767 votes

As the property was registered in the joint names of your father (since deceased) and your mother, your mother alone cannot sell the property now. On the assumption that your father died without leaving a will, your mother who is the surviving joint title-holder can sell the property only along with all the first-class legal heirs of your deceased father, namely: your mother, your father's mother (if alive) and the three siblings.

Advocate Swaminathan Neelakantan LawRato

540 votes

She cannot sell the entire property without the consent of the legal heirs (this includes you three the children, your mother and your father's mother if she is alive, assuming that all are Hindus ) of your deceased father.

Advocate Anirudh R Garga LawRato

851 votes

If it is your fathers self acquired property he can give it to any body. But now you find out whether he has left any will . If he has not written any will the property has to be divided among the four ie mother and the three children and she can not sell the property without your consent.

Advocate G. Asok LawRato