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kamnesh (manager)     25 June 2014

Claim on mother's property by son

A wife inherits a property  by virtue of property purchased by her husband on her name (she does have no earning or income as she is not employed and doesn't have any source of income to purchase a property). After few years of her husband demise, she decides to sell off the property and decides to pay nothing to his 2 sons and 2 daughters. Does any law prevent her to sell this property until a consent for selling of property is granted by her children ?? If she has already sold off the property , can any one of her children make claim for his/or her 1/5th portion (on pro-rata calculation considering mother+4 childrens) ? what happen to party who purchased this property  and not aware about no legal consent among mother & children to sell property ??

 

regards

kamnesh



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     25 June 2014

If the property is in her name then she has all rights over that property she can sell it as per her own wish to anyone , she has all rights not to give any share to her children on her property.

Kumar Doab (FIN)     25 June 2014

She can sell without need of any consent from her children. The children have no claim.

kamnesh (manager)     26 June 2014

Originally posted by : Kumar Doab
She can sell without need of any consent from her children.
The children have no claim.

But what I understand that it's a BENAMI property and any children can claim his/her portion .

 

regards

Vinay Kumar T M (Administrator)     04 July 2014

To my knowledge, If the property is inherited from ancestors, then you have a claim. I might be wrong, please take experts opinion.


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