Question: Can Father Sell Ancestral Property Without Consent Of Daughter?

Can son claim mother’s ancestral property when mother is alive?

Your mother can claim share in her ancestral property from her parents side.

The Supreme Court has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property..

Does a married daughter have any rights on her father’s property?

According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property. She can claim the property any time during her father’s lifetime or even after his death.

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 a daughter challenge father’s will?

The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.

Does daughter have equal share in ancestral property?

The Supreme Court on Tuesday held that daughters, like sons, have an equal birthright to inherit joint Hindu family property. The court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect. “A daughter always remains a loving daughter.

Assuming that your father and his sister are the sole surviving legal heirs to the ancestral property and now it has come in their hands as co-owners, then your father is within his rights to bequeath his undivided share in the property to his sister under his Will.

Can mother give ancestral property to son?

6. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. … Property gifted by a father to his son cannot not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father.

Is it true that ancestral property once divided becomes self acquired?

The prerequisite of an ancestral property is that an ancestral property should not have been divided or partitioned by the family members, as once a division of the ancestral property takes place, the share or portion which each coparcener gets after division becomes his or her self acquired property.

How do I transfer my house from father to son?

Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.

That would depend on whether the property was your Grandfather’s “self-acquired” property or whether it was an ancestral property. … In case there is no will or your father is the only person on the Will, your father can sell the property without your consent and you cannot claim any share in sale proceeds .

Can a father will out his ancestral property?

No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited. … The daughters do not have any right over this property.

Can a married girl claim her father’s property?

According to the Hindu Succession (Amendment) Act, 2005, your daughter has a legal right over her father’s ancestral property. She can claim the property any time during her father’s lifetime or even after his death.

What is the difference between ancestral property and Coparcenary property?

A property is ancestral when acquired through inheritance from ancestors, this property is always shared by members of a coparcenary equally. On the other hand property is self acquired if it is earned by own efforts/learning or other human endeavour.

Is ancestral property can be willed?

The right to use and acquire property is accrued by persons through birth itself. … Now answer to the question is that that will to ancestral property is not entirelyillegal. That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it.

Can daughter claim father’s ancestral property?

SC Tuesday held that daughters will have equal rights in ancestral property as sons even if their father died before the Hindu Succession (Amendment) Act 2005 came into force.

Can a father gives all his property to 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.