Can son Sell father's property after death?

If your parents' will, or the probate court, has appointed a personal representative (or executor, or administrator), then that person typically calls the shots when selling your parents' home. The heirs aren't the only parties interested in the dispensation of your parents' estate.
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Who is the legal heir of father's property in India?

The Supreme Court on January 21 made it clear that Hindu daughters would be entitled to inherit the property of their father in the absence of any other legal heir; they would receive preference over other members of the family in inheriting the property even if the father does not leave behind a will.
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Who inherit the property of a person after his death?

An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants, or other close relatives of the decedent.
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How do I sell a deceased person's property in India?

You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper.
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How can I transfer property from father to son after death in India?

Documents Required to transfer property from father to son
  1. Will/ testament.
  2. Certified copy of death certificate of the father.
  3. Succession Certificate.
  4. No-obligation certificate from the other successors/heirs along with the affidavit.
  5. Lineage list certificate.
  6. Relinquishment deed (if required)
  7. Gift deed (if required)
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Can a son sell his father's property after death?



How do I claim my father's property after death?

You should file an application in the civil court of the district where the property is of the deceased or where he normally he lived in. A notice will then be given by the court to you – the legal heirs; and an ad will also be published in the newspaper.
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How do I transfer house after father died?

4 Answers
  1. apply for mutation of property in your mother name.
  2. enclose father death certificate.
  3. gift deed or relinquishment deed by other legal heirs.
  4. if no objections are received property would be mutated in mother name.
  5. your mother can also apply for letters of administration from court.
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Can I sell my father property?

your father cannot sell the houses, unless and until there is family and legal necessity. you said both the houses are purchased in the name of your parents. as name of both of your parents are appearing only your father cannot sell it.
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Can my mother sell my father's property?

1. The share of your father devolved on his widow and all children equally as he died intestate. Your mother cannot thus sell the entire house as she is only a co-owner and not absolute owner thereof.
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Can property be transferred without will?

Typically, you need the property ownership document and the Will, or the Will with probate or succession certificate. In the absence of a Will, you may also need to prepare an affidavit along with a no-objection certificate from other legal heirs or their successors.
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Can married daughter claim father's 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.
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Who is the owner of property after husband death?

Answers (3) Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.
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What happens to house if owner dies?

If the property is owned under joint tenancy, this means that the co-owners are 'joint tenants' with equal interests in the whole property. As joint tenants, you have equal rights to the whole property. the property automatically goes to the remaining co-owner(s) if you die, regardless of whether you have a will or not ...
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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.
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Can wife claim husband's parents property?

According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.
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Can a father give his property to only 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.
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Can mother sell father's property without consent of son?

Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. But if in case where the property came through succession after the death of anyone of your family members and where she got such right in it, she can not sell it without your consent.
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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.
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Can a mother give all her property to one son?

As the property is the sole and absolute property of the mother she can do whatever that she wants to do with the said property. If in her wisdom she gives the said property to one son that is perfectly valid. The other son cannot complain. He has no legal remedy and he cannot force his mother to give a share to him.
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Does son have right on father's property?

While a son has a right by birth in his father's ancestral property, he does not have such rights in his father's self-acquired property. If the father chooses to exclude his son from his will, a son will not get any share of his father's self-acquired property.
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Can a father sell his property to his own son?

Yes, if the person decides to gift or bequeath his entire personal property to one son alone, he is permitted to do so. There is no bar in Hindu Law or the Secular Law in India preventing a person from disinheriting all other offspring in favour of one son.
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What is the right of daughter in parents property?

Daughters after the Supreme Court judgment of 2005 have become coparceners. Hence, they have equal rights in all Property, including agricultural lands. Both men and women are equally capable of holding their own, separate Property. Any restrictions on property rights are the same for all genders.
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Can wife sell property after husband's death?

Yes, she is the titleholder, she is free to sell this property without taking any consent from the legal heirs of the husband. considered as husband's property for the distribution among legal heirs. Wife can sell it any time without any consent.
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Is daughter in law a legal heir?

She can be a Karta also, i.e. head of the family if she is the eldest coparcener. If the daughter dies intestate, her share in the HUF property passes by succession to her legal heirs as per section 15 of the 1956 Act. A daughter is a coparcener but a daughter in-law is only a member of joint family.
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Who all are legal heirs?

The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased's grandchildren will be the legal heirs.
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