Can father sell property without consent of son?

No you cannot stop him from selling the property which is on his name until you file a case against him for declaration of ownership on ground that money was given to him to purchase money on your name but he instead purchase it on his name and now denying to transfer the property on your name.

Can father sell property without consent of daughter in India?

Hi, 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.

Does son have right on father's property in India?

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property.

Who has rights on fathers property?

The court stated that the property of the grandfather can be held as the father's ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers' father had made a partition during his lifetime.

Can a son challenge his father's will?

The terms of the will shall come into effect after the death of the testator (your father), and being a legal heir, you can challenge your father's will in a court of law.

When father can sell ancestral property without coparceners' consent

Can I stop my father from selling his property?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Is daughter have rights in father property?

Daughters after the Supreme Court judgment of 2005 have become coparceners. Hence, they have equal rights in all Property, including agricultural lands.

Can daughter challenge father'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.

Can father deny his property to daughter?

So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

When can a daughter Cannot claim father's property?

Even when the daughter is born before 2005, she has a valid right in the property of her parents. She can lawfully claim the rights in the property of her parents. However, since the law cannot be made effective retrospectively, it is mandatory that the father is alive when the law came into force i.e. 2005.

Can parents give their property to only one child?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Can married daughter claim father's property?

Summary. The Hindu Succession (Amendment) Act, 2005 introduces gender equality, for the first time, in the succession laws in India. The 2005 Amendment and the judicial decisions thereafter have clarified that a married daughter has a right over the property of her father, which is equal to that of a son.

Can married sister claim father's property?

As per the Hindu Succession Act 1956, your elder sister being a class I legal heir is entitled to claim her share in the property if these belonged to your father, unless she has been deprived of her entitlement by virtue of any effective instrument.

Can daughter claim father's property after 12 years?

1. There is no legal infirmity in it, she can claim her share in the property as a legal heir of her son, there is no limitation for it.

Who is the legal heir of father's property in India?

Under Indian succession laws, a son has a right in his father's and grandfather's property by birth. The son has equal rights as does his father in his grandfather's ancestral property.

Who can claim father's self acquired property?

Answers (2) Sons and daughters have the first right (as Class I heirs) over the self acquired property of their father if he dies intestate i.e. without leaving a Will and since both the son and daughter are also coparceners, they also have the legal rights to get shares in ancestral property.

How property is divided in family law?

The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement. This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.

Who is the owner of property after father death?

Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.

Can wife claim husband's parents property?

No, a wife cannot claim the property that is exclusively husband's parents property. According to the Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 a divorced woman has a right to claim maintenance under the Hindu Law.

Can daughter claim father's property when mother is alive?

In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it. In case of self-acquired property, since your father died without a will, you will have an equal right to it as you are a class I heir along with your brothers and mother.

Can a father gift his property to son without consent of wife daughter?

Any self-acquired property can be bequeathed or gifted to any person according to the wish of the testator or donor without taking consent from anyone. However, the mother and daughters being legal heirs and interested parties in the concerned property, can dispute the said transaction of gift.

Does son in law have rights on father in law property?

Hence, the Court ruled that a son-in-law cannot have any legal right in his father in law's property and building, even if he has spent an amount for construction of the building.

How do I remove my daughter from my property?

A. Your name can not be removed without your signature. They can not do this. If they removed your name by playing mischief, in that case it will be criminal offence and you can take action by registering FIR against them in police station.

Can father take son back property?

If your dad is gifted the property to his sons through a registered deed, it is not possible to revoke the gift deed. But as per the Welfare of Parents and Senior Citizens Act, it is the duty of the children to look after the parents and if neglect, proceed under the Act.

Can a father gift all his property to one son?

In case of Father's self-acquired property

A person can make the will of his property in favor of his one son out of 2 or more. Father can gift his self acquired property to one son, if another son has given his monetary share to the property then he can claim his rights in court.