Self acquired property

Sanjay Singh (Querist) 29 August 2018 This query is : Resolved
How a son can claim on property on the name of mother, that was gifted by her mother. Both mother and her mother are still alive. Mother is not willing to give the property to her son

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Vijay Raj Mahajan (Expert) 29 August 2018
No son has no legal right to claim any share in this property during the lifetime of his mother.

Advocate Bhartesh goyal Online

(Expert) 29 August 2018
Son has no right to claim self acquired property of his mother during her lifetime.

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Guest (Expert) 29 August 2018
Son can claim the property of her mother only after her death. He should keep patience till that time.

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Adv.Ambrose Leo (Expert) 29 August 2018
Son have no legal Right to claim mother' s property during her life time.

ashok kumar singh (Expert) 29 August 2018
agree with views and opinion of the experts, therefore no comments.

thanks

ashok kumar singh, advocate

Surrender K Singal (Expert) 30 August 2018
Can the mother gift to her daughter (to exclude her son) if the property was inherited from their father, as per his Will ?

Guest (Expert) 30 August 2018
@ Mr. Surrender K Singal,

Of course, any inherited property after getting mutated to the mother's name can be gifted by her to anyone, may be daughter by excluding son..

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Surrender K Singal (Expert) 31 August 2018
Even though such property may not be her self-acquired one ?

Kumar Doab (Expert) 02 September 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
The property is in which state?
As per query the title of the property was in name of mother of the mother (as in query)? Isn’t IT?
How mother of the mother acquired the said property?
Was IT her (mother of the mother) self earned/acquired/absolute property?
The said gift deed is registered?
Has the mutation recored also been updated on the strength of valid/registered Gift deed?
Confirm!

Kumar Doab (Expert) 02 September 2018
The property that devolves by inheritance, valid/registered gift deed is of nature self acquired.
The title holder can dispose his/her self earned/acquired/absolute property in anyone’s favor by a valid/registered deed e.g; gift deed.
The lady can very well decline to pass her property to her son and dispose IT in anyone’s favor.
(Hindu) Son has NO forced share in self earned/acquired/absolute property of mother/father.
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

Kumar Doab (Expert) 02 September 2018
Dear Mr. Surinder K Singhal,

The testator can not dispose estate/property (share) that does not belong to testator.

The disposal of ancestral property by WILL may not succeed.