Can a son claim his mother's ancestral property?

A son can't claim any share in his mother's self-acquired property during her lifetime. However, if a Hindu female (mother) dies without a will, then the property is divided among legal heirs as per the Hindu Succession Act's provisions. The legal heirs are: Husband, sons and daughters (if predeceased, their children)

Can I claim my mother's property in India?

As per the Hindu Succession Act, 1956: Both married and unmarried daughters now have a legal right to their father and mother's property. Daughters can now also become the manager or Karta in ancestral property.

Who has right on mother's property after death in India?

Thus if a mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per order of preference.

Can son claim father's property if mother is alive India?

Synopsis. The son cannot lay claim to the property or have any right over it till the time you are alive, even if you have named him as the sole beneficiary in your will. He can stake a claim to it only after you pass away.

Can I claim my mother's property?

Answers (2)

You can claim equal share in the property. The property will be divided equally among all the legal heirs of your mother. The property will be divided according to Hindu Succession Act.

High Court Advocate Dr.Bala About Mother Property Rights to Son or Daughter ? | Parents Property

Is there any time limit to claim ancestral property?

The time limit to claim ancestral property is around 12 years. However, if there is a valid reason for delaying the claim, then the court may accept the same and process your request.

Can children claim Mothers property?

A son can't claim any share in his mother's self-acquired property during her lifetime. However, if a Hindu female (mother) dies without a will, then the property is divided among legal heirs as per the Hindu Succession Act's provisions. The legal heirs are: Husband, sons and daughters (if predeceased, their children)

Can mother sell ancestral property without consent of son?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court.

Who are the legal heirs of ancestral property?

Basically, the father, the grandfather, the great grandfather and the great-great grandfather have inheritance rights over an undivided ancestral property.

How do I transfer my mother property to my son?

Your mother can transfer the property by way of Gift deed, Release deed is there is no consideration involved and any consideration is involved then sale deed and power of attorney. it can be done in 3 - 4 days subject to availability of proper and valid documents.

Can daughter claim mother's property in India?

According to Hindu Law, a daughter has equal rights to a mother's self-acquired property equally. The daughter can claim her right after the death of her mother on mother's self-acquired property.

Can a daughter Challenge mother's will?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

How many generations can claim ancestral property?

To conclude, ancestral property can be claimed only by coparcenary members of the four generations of a Hindu joint family who inherited it.

How can I claim my ancestral property?

If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit.

Who are the legal heirs of ancestral property in India?

Under the property inheritance law, i.e., Hindu Succession Act, a son and daughter have the right to ancestral property by birth. A father cannot dispose of such property by excluding his rightful legal heirs.

Can ancestral property be sold?

The properties of the paternal ancestors should be sold only with the consent of the successors. Without consent, these properties cannot be sold. But, it can be regained by filing a suit for the partition in a court. Similarly, if their part of share is denied one can send a legal notice demanding their rights.

Can ancestral land be sold?

The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.

Can a mother sell her property to one son?

A. Since your mother is the absolute owner of the property by virtue of registered Sale deed which was executed by her husband, she can transfer the property without obtaining consent of the children.

Can a daughter claim on ancestral property?

Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property.

Can a married daughter claim on ancestral property?

Yes, as per law, a married daughter has every right to claim a share in her father's property. She has as much right as her brother or unmarried sister.

Can a grandson claim rights in maternal grandfather's property?

A grandson, on the other hand, has a right to inherit his grandfather's property since birth. A father can exclude his child from his self-acquired property, but a grandson cannot be excluded from his grandfather's property if the property is ancestral.

Can I claim my ancestral property after 50 years?

Yes, you can claim for it.

What is the time limit to make a claim by legal heirs?

Article 120 of the Limitation Act, 1963 prescribes limitation of 90 days for bringing legal heirs and representatives of the deceased party.

Can I claim land after 35 years?

As per the Limitation Act 1963, the statutory period of limitation that is allowed for possession of immovable property or any interest is 12 years in the case of private property and 30 years for public property, from the date the trespasser occupies the property.

How is ancestral property divided?

Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.