Question: Can one son Sell father’s property?

Is son eligible for father’s property?

A child shall not claim a share in his father’s self-acquired property as a birthright. Generally, the self-acquired property is bequeathed to a child by their parents. In case a father dies without a will, the child can claim a share in the self-acquired property of the father.

Can I sell my father’s house?

If you’ve inherited a property due to the death or your parents you will need to follow the details within the departed person’s will. This is likely to involve applying for and gaining probate before any sale can continue. If your parents are still alive you will need to gain their permission to sell the house.

Can son Sell father’s property when father is alive?

As long as your father is alive you cannot stake a claim to any of his properties, and since the property is self-acquired, he can will it to anyone he wants. However, if he dies intestate, you being a class I heir, can stake a claim over it. Disclaimer: The responses are based on limited facts provided by the queries.

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Who has right on father’s property?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. You have not mentioned whether the property is self-acquired or ancestral. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.

Can father sell own 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. And if property disposed without consent can be reclaimed.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

Can I sell my house and give the money to my son?

Chas Roy Chowdhury of the Association of Chartered Certified Accountants replies: ‘Assuming your house qualifies for the Principle Private Residence exemption then you will receive any proceeds exempt from Capital Gains Tax. It is then entirely up to you whether you wish to gift some or all of those proceeds.

Can my parents give me their house?

Your parents can give their home to you as a tax-free gift if the transaction meets the Internal Revenue Service definition of a gift. Your parents must legally own the property and intend to give it to you as a gift. They must relinquish all rights and ownership of the house and retitle the house in your name.

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How soon after someone dies can you sell their house?

You can start marketing the house immediately after someone dies. However, to actually sell the property, you need to wait until probate has been granted. This usually takes six to eight weeks, after which you can complete the sale of the decedent’s house. It’s up to you how soon you sell the property after probate.

Can father give his self acquired property to one son?

Distribution of self-acquired property of a father:

He can pass the same to his one son by gift or by will. However, if another son has contributed towards the purchase of self-acquired property of the father and he can prove his contribution, he has a right in the said property.

How do I remove my son from my property?

In order to disown your son from your property it is necessary to give paper publication any morning newspaper is okay who has circulation of more than 1 lac copies. However you can only disown him from property earned by your own and not the ancestral property.

Can a father disown his son?

A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of one’s own funds and resources.