Can Mother Give Her Property To One Son?

Once the mother (a woman) acquires any property through will or gift or by inheritance or it a self-acquired property, she becomes the absolute owner of the same.

Under Hindu Law, the property of a mother devolves as per the Hindu Succession Act, 1956 (the Act).

The Act applies to intestate succession..

Which is better sale deed or gift deed?

Like a sale deed, a gift deed contains details of the property, the transferrer and recipient. But instead of a sale consideration in a sale deed, a gift deed allows you to transfer ownership without any exchange of money. … If you don’t do this, the transfer will be invalid.

Can son claim father’s property when mother is alive?

A son can claim his share in an ancestral property even during the lifetime of his father. In any case, the applicant seeking his share in the property must prove his succession. However, the act does not count a stepson (the son of the other parent with another partner, deceased or otherwise) among the Class I heirs.

Can my mother sell her property without my consent?

Where the property came through succession after the death of anyone of your family members and where she got such right in it, she can not sell it without your consent. Even if she purchased a property of of the funds from others she can not sell without getting consent of other family members if any, including you.

How is heir property divided?

All forms of intestate property are divided among the heirs upon the basis of the fair market value, which is represented by a cash value. … In most states, the fair market value of all the deceased’s intestate property is added to together to form the intestate estate. It is this value that is divided among the heirs.

Can Mother gift property to one son?

That’s where all children will have equal rights and you can demand a partition after your mother’s death. 2) If the property was self acquired by the grandmother her gift to your mother is absolute. … If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.

Can a father gives all his property to one child?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Can mother sell property of minor son?

The High Court has ruled that a mother cannot alienate/sell property of a minor, when the father of the minor is alive she is a de facto guardian and cannot sell the minor’s property. … She as a de facto guardian has no right to alienate the property of her minor son.”

Can a sister claim mother’s property?

With regard to your first question, please note that yes your sister has equal share in your mothers property, unless un-till there is Will in your favour. For transferring the property in your name you need to obtain a relinquish deed from your sister.

Can daughter claim mother’s property when mother is alive?

1. The married daughter of the deceased mother is a legal heir to the deceased mother hence she has a right to claim her share out of her mother’s property. … The daughter can claim a share in her deceased mother’s share of property alone if she has died intestate in the capacity of legal heir to the deceased mother.

Can mother sell Sons property?

Absolutely your mother can sell the property to any body including a child without permission from other kids. In fact Your mother no need to seek any body’s permission to sell the property to you.

How do I transfer my house from mother to son?

Your mother can transfer the property by way of Gift deed, Release deed is there is no consideration involved and any consideration is involved then sale deed and power of attorney. it can be done in 3 – 4 days subject to availability of proper and valid documents.