Son claiming share in the self acquired property of the mother


We have bought a property from a lady which is her self acquired property. Now one of her sons has filed a civil case against his mother asking for a share. He is denying to vacate the house and is not allowing us to take possession as well. We are really not sure if the lady will visit the court during the hearing as she has already sold the property to us. Kindly suggest on what step needs to be taken.

Answers (2)


181 votes

As it is Self acquired property of the women , it will become her own property which she can convey to anybody without her children's consent. Hence her children will not get any rights in respect of the subject property. As you are the present owner of the subject property you can implead your name in the said case.

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304 votes

it is better if you implead yourself as the defendant into the case filed by the son against his mother, as a necessary party (subsequent purchaser) and contest the case on merits.
If and when the mother does attend the case and if she files a written statement in the case, go through it and file a better written statement once you have been impleaded in the case, this will determine the case on merits. She in any case will be your principal and you her agent.
if she remains absent for what ever reasons, then you must attend the case very deligently otherwise the plaintiff, her son could turn the case around for you.

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