Can parents give their property to only 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.
Can mother gift property to one son?
Your mother is the absolute owner of the property; she can transfer the property as per wish. After her demise you can challenge the will if she execute in favour of your brother alone. If he is not probate the will properly it has only scrap value.
Can a daughter claim on mother property?
A daughter cannot claim her right during the lifetime of her mother. According to Hindu Law, a daughter has equal rights to a mother’s self-acquired property equally. The daughter can claim her right after the death of her mother on mother’s self-acquired property.
Does daughters have equal rights in father’s property?
According to the order of preference mentioned under Section 15 (1), the property will go firstly to sons and daughters, including children of any pre-deceased son or daughter and the husband. Since your father is no longer alive, you and your brother will have the first right to your mother’s property.
Can gift deed be challenged by siblings?
Under section 17 of the Indian Registration Act, 1908, the “instruments of gift of immovable property” is a document that needs to be compulsorily registered. … Thus, if the gift deed is not registered, it can be challenged by your siblings.
How do I transfer my house from mother to son?
The procedure to transfer the property from mother to son is by way of Gift Deed. The Registration cost is not as high as in case of registration of Sale Deed. You need to bring Demand draft around Rs. 6000/- towards Stamp Fees and another Demand Draft around Rs.
Can mother sell property without consent of daughter?
If the property has been transferred to her by her husband and the document of transfer is registered then she is the absolute owner of the property. In her capacity as the absolute owner she can sell her property without the consent of her children.
Who comes under legal heirs?
The following persons are considered legal heirs and can claim a legal heir certificate under the Indian Law: Spouse of the deceased. Children of the deceased (son/ daughter). Parents of the deceased.
Does son have right on mother’s property?
During the lifetime of the mother, a son cannot claim any share in her self-acquired property. In the case of Hindus, A son can, therefore, claim a right in the self-earned property of his mother if the mother has died intestate. Both son and daughter have equal rights.
What happens if mother dies without a will?
If your mother died without a will, then she died intestate. … Under the UPC, a deceased person’s property passes to close relatives, such as parents, spouses, and children, as opposed to distant relatives. If no close relatives are alive, the property passes to either distant relatives or the state.
Can daughter claim mother’s ancestral property when mother is alive?
14 Answers. Dear Sir, Your mother can claim share in her ancestral property from her parents side. … Daughters Have Equal Rights In Ancestral Property, Even If They Were Born Before Enactment Of Hindu Succession Act, Holds Supreme Court [Read Judgment]…
Can a married girl claim her father’s property?
Can daughter claim father’s property after marriage? 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.
Who has the right over a woman’s property after she dies?
If the woman inherits property from any relative, be it husband, son, father or mother, she is the absolute owner of her share and can dispose of it. If she makes a will, she cannot give away more than one-third share of her property, and if her husband is the only heir, she can give two-thirds of the property by will.