Can father sell his property without consent of Son?

Can father sell self acquired 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.

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.

Can parents sell property without children consent?

If your parents constituted the property as family home, it cannot be sold without your and your siblings’ consent. … If your mother failed to liquidate the property within the one-year period, any transfer or encumbrance she made would be considered void.

Does son have right on father’s property?

Legal rights of a son on father’s property in India

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The son is treated as a Class I heir of his father’s property. He has a legal right over his father’s ancestral property. He also has an equal share in his father’s self-acquired property if the father dies intestate.

Who is legal heir for father’s 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 son Sell father’s property after death?

This house cannot be sold legally without their NOC. This property belonged to your deceased father and upon his intestate death, the properties shall devolve equally on all his legal heirs. … On the intestate demise of your father his share devolved through succession equally on his widow and all children.

Who can sell inherited property?

Generally, co-owners are free to transfer/sell their share in the inherited property. However, one co-owner cannot transfer the share of other co-owner without permission. Selling the share in inherited property involves an understanding of the nature of co-ownership and rights of all co-owners.

Can a father sell his property to his son?

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.

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Can daughter claim father’s property?

According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brothers. … In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it.

Can my mother sell my father property?

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. Even if she purchased a property of of the funds from others she can not sell without getting consent of other family members if any, including you.

Can I buy my father’s property?

Yes, legally you can buy a property from your father. … – If the said property is mortgaged , then bank will give you a housing loan for the purpose of purchase of the property which will be equal to the agreed-upon purchase price minus whatever down payment you are making to your father.

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.

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.

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What are my rights as a son?

Particular human rights of children include, among other rights, the right to life, the right to a name, the right to express his views in matters concerning the child, the right to freedom of thought, conscience and religion, the right to health care, the right to protection from economic and sexual exploitation, and …