Can my father sell his property without my consent?

Can my father sell his property without my consent?

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.

How can I stop my father from selling my house?

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 mother can sell property without my consent?

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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How do you divide the mother’s property?

However, during the lifetime of the mother, only the mother has a right to claim her share in this property of her father and as a son or daughter of such mother, the person can file a suit for partition only through power of attorney executed by mother in favour of her children.

Can you 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.

Who does Grandfather property belong to?

A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations.

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Can daughter claim Mothers 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.

Who Will inherit mother’s property?

As per Section 15 (2)(a), if the property is inherited from her parents, it devolves to the father’s heirs in the absence of any kids. As per Section 15 (2)(b), if the property is inherited from her husband or father-in-law, it devolves, in the absence of kids, to husband’s heirs.

Do I have any right over my father’s property?

Therefore it became an absolute property. Your mother, your sister and you don’t have any right over your father property. He can even sell it to any third party and your consent for the same is not required in law.

Can my father inherit my father’s property without my consent?

Yes he can. The property in his hand is an absolute property through WILL and not by inheritance. It came to your father through a testamentary instrument – Will. Therefore it became an absolute property. Your mother, your sister and you don’t have any right over your father property.

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Can you leave marital property to a child without a will?

For instance, marital assets are equally owned by both spouses in a community property state. Thus, a parent cannot leave certain marital property to a child because the surviving spouse is entitled to a portion of the marital estate. When a parent dies without a will, a probate court applies the state’s default laws of intestate succession.

Do children have inheritance rights if a parent dies without a will?

In general, children have inheritance rights if a parent dies without a will, particularly in states that are not community property states—states where marital assets are equally owned by both spouses. In community property states, the surviving spouse generally receives the deceased spouse’s half of the estate.