Rights of my mother on her husband property

Hindu Succession Act applies if you belongs to Hindu religion. The shares will be equal for brothers and sisers. In your question you are not clear about number of co-parcerners in your Hindu Undivided Joint Family (HUF) 

Thank you for your reply, my father constant saying that he had purchase from his money. But that's not true and few days back he had called us in Mumbai District Legal Service for settlement and according to them they are saying your father will provide accomondation to your mother anywhere but son's does not have any rights on father property. He said according to the law he will provide accomodation to your mother and he has total rights to sell the property.

Please help me out 

Regards

Prem

premnathshinde2003@gmail.com

Yes Sir, I belong to hindi religious, my father has three children, 2 son and 1 daughter which is married and settle with his husband

 

Please help me out

Regards

Property is registered in your father's name , it means it's his property which he can dispose as he so desires. During his lifetime neither you all children nor your mother can stop him from disposing his property as he wants to. It's not an ancestral property not you have any copacenary rights on his property. Yes it's your father's responsibility to provide your mother place to live but not to his children who have attained age of Majority.

Your father has right to dispose off the property as per his will. You cannot stop him from selling the property as it is in his name.

Originally posted by : Ramesh Singh
	Your grand mother purchased property in your father's name than its an gifted property from mother's to son, and if your father acquire it after his marriage then your father is a sole owner and your mother, you & your brother have absolute share in that property, your father can't sell it without consent of all of you.

 

If father is sole owner and property is self earned/acquired and is alive NO one has any forced share in it.

 

It is believed that;

- all involved are Hindu and Hindu Succession laws/rules shall apply in this case

-grandmother as in query posted by you is mother of your father i.e your paternal grandmother

- the money that was invested (to purchase the purchase/house) was her self earned/acquired/absolute estate/money

-all sons, daughters of your father are major and married.

 

Confirm!

 

Hindi and Hindu are different.

The mother can buy property in name of her son or gift money to her son.

Father being title holder can act like owner and dispose the property in his lifetime by a valid/registered deed.

Wife has NO forced share in her husband’s self acquired estate/property.

Wife is not Co-parcener in ancestral property of her husband and thus has NO forced share in her husband’s ancestral property.

Son, daughter, grandson/daughter, has NO forced share in father’s/grandfather’s self acquired estate/property.

Daughter in law has NO forced share in father in law’s/mother in law’s/ grandfather in law’s/grandmother in law’s self acquired/ancestral  estate/property.

 

Father is alive hence succession has not opened and succession opens on date of death of owner and legal heirs have share per provisions of personal law that applies.

As already posted, the owner/title holder (say; father as in the query) can dispose the property in his lifetime by a valid/registered deed.

Property from mother’s side is not ancestral.

Thus the sons/daughters/ grandsons/granddaughters have NO forced share if property is claimed as ancestral, since property from mother’s side is not ancestral.

The husband can provide residence to wife even if it is rented accommodation, per right to residence.

The father can provide residence to (unmarried) daughter even if it is rented accommodation, per right to residence.

The father can provide residence to daughter even if it is rented accommodation, per right to residence.

The father can marry the unmarried daughter as per his means/resources.

The senior citizen father can evict the sons/daughters/ grandsons/granddaughters/daughter in law from house under his occupation if they disturb his peaceful living.

Go thru;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and Rules framed by your state under the Act and also some of the decisions of nearest Tribunal. These are simple and eye-opener.

The alternatives of amicable approach may be explored, first.

Would you like to post and discuss the core issues of dispute, if any!

You have recieved response from legal service authority also.

Mr Vijay Raj Mohan and Mr Kumar Doab, both are absolutely rìght.Icompletely agree with them.

The property is not a hindu joint family property and the same stands in your father's name who has every right to sell the same as per his wishes. The contribution made by your grand mother does not confer any special right to you or your mother etc.Your mother has only right of maintenance and under DV Act she also has right of residence. If the children are minor then they are also entitled to maintenance and sister is alo entiled for expenses of her marriage.