Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sridhar (Software Engineer)     22 December 2015

Can my mother sell the property?

My mother has some property. She got that property from her father and he got that property from his father.Indirectly we can say.. my mother got propery from his grand father.

my mother has 4 children. 2 sons and 2 daughter...I am one of them.All are majors. every one got marry except me.

now my question is ....can my mother sell the property without signatures of her children? or Can my mother write will according to her wish.....? if any one of her children go to court...what will happen?

pls give genuine information...

 



Learning

 6 Replies

saravanan s (legal advisor)     22 December 2015

Yes is the answer for the first two questions. You can't go to court as it had become her self earned property

GANDHI MOHAN BHARATI (Pensioner)     23 December 2015

In a similar case earlier, i have pointed out that any property which comes into the hands of a woman by way of gift, sreedhana, willl etc., will be deemed as her self earned property and she can do whatsoever she wishesa with it. Therefore, no one can stop her if she decides to sell. The sale will be valid

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 December 2015

Can a person dispose of inherited property during his own lifetime? He cannot will his property as he likes. But that is a different thing.

GANDHI MOHAN BHARATI (Pensioner)     25 December 2015

Dr/MPS RAMANI's querry - it is not clear. Howevever, if a male sells inheritted property, there are certain complications. If it is a woman, the property will be deemed as self earned property and she can sell it

T. Kalaiselvan, Advocate (Advocate)     01 January 2016

I fully agree and concur with the views of Mr. Gandhi Mohan Bharati. 

This property becomes your mother's own and absolute property. Neither you nor anyone have any rights in the property during her life time and she can dispose it in any mode and  manner as per her desire and sweet will and wish.  She need take consent or permission from her children for any act she intends to do with regard t this property. 

You will not succeed with your case even if you approach any court of law seeking a share because it is legally not maintainable.

Instead of agitating her decision, try to convince her with your affection and care and get a share in the property by her own decision.   

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 January 2016

My query was whehter an inherited property of a male could be disposed of during his lifetime without the consent of his successors. This is a query for my own information


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register