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Mother wants to transfer her late husband's property to son only
06-Nov-2023 (In Property Law)
My mother in law wants her late husband property to her sons only.but her daughter also wants share in her late father property..Mother can transfer her late husband property to her son without taking permission of her daughter..As she asked to her daughter to sign in NO objection certificate but daughter deny.after some day mother made a affidavit approx Rs.12000 due to this daughter sign not required...Pls suggest is it any affidavit came which keep away daughter for her late father property...
The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
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Adv. Sameer Sharma
Delhi | 25+ Answers
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How do you transfer property after death of mother?
For a legal heir, a relinquishment document is needed to transfer permanent property rights to another legal inheritor. This is a document that must be signed by at least two witnesses and executed on stamp paper. Sub-registrars can also request indemnity bonds from other legal heirs. 07-Sept-2023
Is there stamp duty on transfer of property from son to mother?
Stamp Duty: Rs. 1000/- - Rs. 5000/- depending upon the location of the property being transferred.
How can parents transfer property to child?
According to the Transfer of Property Act the gift of property must be supported with a document or instrument signed by the father, or on his behalf, and attested by two witnesses.
Can a mother transfer property to only son?
It is up to the mother who decides how she wants to distribute her property. She can either distribute her property to all of her sons, or give it only to one. It is not a property that anyone can claim. She can either register the property in a Gift Deed or make the will that way. 18-May-2022
Hello, property registration is must, incase if there is any WILL then only it can be transferred to sons after his/her death, or to transfer a property NOC will be required from daughter, so without her permission it's not possible.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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as per hindu succession (amendment) act 2015, daughters have equal share in the property as that of a son. i am assuming it to be the self acquired property of the deceased. if the father has died without a will all the legal heir would get their portion as per Hindu succession act. you mother cannot transfer the said property to the sons alone unless the daughter herself agrees to waive off her right.
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Adv. Diksha Singh Dhakre
Delhi | 25+ Answers
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