Legal Question in Family Law in India

Mother self-earned property has divided to her husband and 3 sons but not with her daughters. Later husband died and husband property transferred to all 3 sons. Now the whole property is with all 3 sons(alive) and they have sons and grandsons. All 3 brothers are planning to sell property to single owner so my questions are

1. can daughter have rights to ask the share from Mother earned property?

2. is this comes under Ancestral property?

3. can they(three sons) sell property without taking consent from their sons and grandsons?

4. can sons and grandsons claim in future?

Please advice, appreciate your time. Thanks a lot


Asked on 3/04/21, 10:35 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

1. yes daughters can ask their share if there is no will in favour of husband and sons.

2. No the property does not come under ancestral property. It is self acquired property but it becomes ancestral property for the son's children and grandchildren.

3.There is a dual aspect here: If the Mother has died intestate then the sons can't sell without permission from their children & Grandchildren. In case the mother has made a will in favour of the sons then they are free to alienate the property.

4. If the mother has died intestate , then the son's children and grandchildren can claim in future.

Read more
Answered on 3/11/21, 9:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India