Ancestry property

Chikka Geek (Querist) 12 May 2016 This query is : Resolved
We are (were) family of 6
1. Father (Died)
2. Mother

3. Son 1
4. Son 2
5. Son 3
4. Daughter

Father inherited some property from his parents.

Mother inherited some property from her parents

Question :
1. Can Mother write will / gift her inherited property to any one?

2. Can son(s) claim a share Mother's property when she is alive?

3. How to stop one of Sons selling properties as GPA holder without consent of others?

Thanks

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Advocate M.Bhadra (Expert) 12 May 2016
1.yes, 2.no, 3.by filing a suit for declaration and injunction in civil court.

Kumar Doab (Expert) 12 May 2016
Explore the possibility of cancellation of GPA, also.

Rajendra K Goyal (Expert) 12 May 2016
1. Yes, mother can write will / gift her inherited property to any one.
2. Son(s) can not claim a share Mother's property when she is alive.
3. GPA holder can sell property of principal if GPA provides such powers.

P. Venu (Expert) 12 May 2016
How the father/mother 'inherited' the property? If it is through a duly registered partition deed, it is not ancestral.

Chikka Geek (Querist) 12 May 2016
Thank you all for the clarification. I appreciate it.

Yes, It is through a duly registered partition deed.

Thanks again.

Kumar Doab (Expert) 13 May 2016
The personal law applicable to deceased owner shall decide the share e.g Hindu Succession Laws.

The property received thru Mother's side is not ancestral.

The property received by father thru partition deed is not ancestral.

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