Can mother sale without consent of son - partioned property

NARSIMHA RACHAKONDA (Querist) 07 August 2026 This query is : Resolved
Dear Sir,
Initially the 5 acre was brought by father in 2007 and he was demised in 2018, after his demise total 5 acres land mutated to mother name with the consent of sons, later in 2022 family partition done by transferring 4 acres of land to 2 sons 2 acres each and kept 1 acre in mother name for her livelihood, We 2 brothers partitioned the land of 5 Acres (including mothers 1Acre) in 2024 physically and in possession for 2.5 acre each, and looking after mother livelihood, now mother can transfer entire 1 acre to one son without consent of other son. If done can other son object and get court orderas he is in posession and physically demarcated in 2024 equally between 2 brothers. Kindly provide your expert advise.
Thanking you.

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A mother, who was allocated 1 acre of land for her livelihood after a family partition, wishes to transfer this entire acre to one son without the consent of the other. The sons have already physically partitioned the remaining land equally between themselves. The question is whether the mother has the absolute right to transfer her share and if the other son can legally object or seek a court order.

T. Kalaiselvan, Advocate (Expert) 07 August 2026
If the mother becomes absolute owner of her share of property then she is at liberty to sell or transfer her property in favour of any person of her choice, the other person cannot restrict her.

P. Venu (Expert) 07 August 2026
The posting reveals two inconsistent statements. How could there be two different partitions, as posted?
Were the partitions deed duly executed and registered?
Are the brothers the only siblings - no daughters?

kavksatyanarayana (Expert) 07 August 2026
The five acres of land mutated to the mother's name with the consent of the sons; then what about the daughters? You partitioned the property into 2:2:1 in 2022. But mother's share of one acre how can you share 1/2 each other without any deed while your mother lives in 2024?

Dr. J C Vashista (Expert) 08 August 2026
Initially both brothers relinquished their shares in favour of mother, subsequently stated to have been partitioned in 2:2:1 acre, later on it is stated to have been agreed to have 2.5 acres each, which one of the statement is true, if it is not a fabricated / time pass post ????
However, confusing and vague statement(s) can not lead to form proper opinion and oblige.

NARSIMHA RACHAKONDA (Querist) 08 August 2026
Dear Sir,
Thank you very much for your kind response. For clearing ambiguity, in the year 2022, we have got partitioned and registered the Partition deed in MRO Office with 2:2:1, but not demarcated and bifurcated till 2024, but in 2024 we both brothers divided total 5 acres land inclusing mother share and in possession for 2.5 acre each. but in MRO records, 1 acre is in mother name only continuing, now mother can do transfer to one son without consent of other or sale to third paty? can physical partition and posession dosn't giveany right to object if she does sale or Gift???

kavksatyanarayana (Expert) 08 August 2026
You, your brother, and mother partitioned the property in a 2:2:1 ratio, but you and your brother occupied your mother's property of 1 acre of land without any deed. Now your mother shall execute a gift deed in favour of you and your brother, 1/2 share each and in the gift deed it shall be mentioned that the land was already given, but at that time it was not possible to register the gift and so now executing this gift deed. That is the only way to mutate the property.

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