Legal Question in Real Estate Law in India
We are a catholic family. My mother lives with me, and we have an ancestral property in Karnataka. In the event my mother gets a share from her fathers property which was passed on by his father, does my mother have the right to sell the property without the consent of her children. In the event she has the right to sell that property, can i as daughter /son claim a share from the property.
3 Answers from Attorneys
one person has the right to sell his/her property whether bought or inherited legally. she doesnot have to take the consent of his sons and daughters. In case you can prove that she is abnormal or is selling because of some pressure, then the court can stay this
After the share is allotted to your mother, it becomes the sole and absolute property of the mother. She can then do anything she wants. Nobody can question her. You can claim the share in the property only till the property is ancestral. When the ancestral nature is lost, it becomes the property of the concerned person and that person only will have all the rights over the said property.
Ancestral property or joint family concept is applicable to Hindus.