Can mother sell ancestral property without consent of daughter?

Can a daughter claim share of property from her mother’s property?

Even if the mother has died before partition, her children can claim this share later after partition. In the eyes of the law, Married daughters can enforce their right by filing a suit in the court for devolution of property as per the Hindu Succession Act.

Who is the owner of property after wife death?

After death of wife husband is the only heir if he alive. your daughter and son in law have no right in the property. You may file a suit for temporary injunction and stop loan proceeding immediately.

Do daughters get equal rights property?

According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father’s self-acquired property, if he dies intestate, that is, without a will. The property will be divided equally among all legal heirs.

Do daughters have equal rights property?

Secondly, the 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents.

Who are the legal heirs of ancestral property?

A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.

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Can a father gives all his property to one child?

Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will.

Can a dad refuse to will property to his daughter?

No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited. … The daughters do not have any right over this property.

Can my sister claim in our father’s property?

Do not worry, your sister cannot claim her shares into the father’s property. Because as per the recent landmark Judgement of the Supreme Court, if a person dies on or after 2005, then only her daughter can claim her shares in the property.