Can Mother gift ancestral property to son?

INDIAN SUCCESSION ACT 1956 . according to that section she can gift the property to any body to her wish and will. any share in the property. to avoid legal issues if that gift is not registered you ask your mother to register that gift property in your name.

Can mother gift property to son in India?

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.

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 a father gives all his property to one child in India?

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 parents sell property to child in India?

Yes. Absolutely your mother can sell the property to any body including a child without permission from other kids.

Gifting property to a child

Can mother sell ancestral property?

Property purchased by grandfather and father is ancestral property. It can be sold only by all the consent of all the shareholders. 1. Mother has no right to sell the property without your written consent.

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.

Who has right on ancestral property?

In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim. 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 ancestral property to my name?

For a valid transfer, the deed must be registered as per Law. The land registry, i.e. the department for registration records the ownership for the public. Once the document is registered as per Law, it becomes the title deed, i.e. document showing the name of the person holding the title of the 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 son claim mother's property after death?

Your 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.

Who is the legal heir of Mothers property?

The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.

How do I transfer property from mother to son after death?

You apply for their death certificate and then apply for family survival certificate then for legal heir certificate. If your mothers or fathers mother is alive include them as legal heirs of theirs. if father mother then her as his legal heir. Then mutate the property in your name in his or hers mothers name if there.

Can mother gift property to son without consent of 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.

Is stamp duty payable on a gifted property?

You're given property as a gift

If you get property as a gift you will not pay SDLT as long as there's no outstanding mortgage on it. But if you take over some or all of an existing mortgage, you'll pay SDLT if the value of the mortgage is over the SDLT threshold.

Can gift deed be challenged in court?

A gift deed can be challenged in court if the deed is prepared forcefully by the owner of the property or without the consent of the owner of the property. If the gift deed has any additional conditions and that conditions are not fulfilled in the case gift deed can be revoked.

How ancestral property is 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.

How do you convert ancestral to self acquired property?

The partition of our ancestral property took place between my father and his brothers in the year 1980 with the mutual understanding of the brothers.

Who is legal heir for grandfather's property?

The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.

What is the rule for ancestral property?

Ancestral property refers to the property inherited by a Hindu from his or her father, father's father, or father's father's father by birth. It is basically the undivided property of a Hindu family of four generations. Property inherited from other relations is not considered to be ancestral property.

Who can sell an ancestral property?

2) Who can sell the ancestral property? Anyone can sell an ancestral property which is under his/her share. But before selling the property, he/she needs to acquire its ownership. And, a coparcener cannot sell a joint property without getting the permission of other family members or heirs.

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. A father cannot transfer/ sell or gift such property according to his discretion to any third person.

Can a son stop father from selling ancestral property?

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.

Can ancestral property be sold without partition deed?

Though there is no legal prohibition on selling undivided share of the co sharer in the joint property , the buyer without physical partition of the property can not take possession of the same.

How do I sell ancestral property without documents?

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.