Quick Answer: Can Father Sell Ancestral Property Without Consent Of Daughter?

Does daughter born before 1956 has equal share in ancestral property?

Daughters born before the enactment of Hindu Succession Act, 1956 are also entitled to equal shares as son in ancestral property.

The Supreme Court held that daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956..

Can a father will out his ancestral property?

No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited. … The daughters do not have any right over this property.

Is it true that ancestral property once divided becomes self acquired?

The prerequisite of an ancestral property is that an ancestral property should not have been divided or partitioned by the family members, as once a division of the ancestral property takes place, the share or portion which each coparcener gets after division becomes his or her self acquired property.

Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. … 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.

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.

Does daughter have equal share in father’s property?

New Delhi: In a landmark judgment Tuesday, the Supreme Court held that daughters will have equal coparcenary rights in Hindu Undivided Family properties, irrespective of whether the father was alive or not on 9 September 2005, when an amendment came into force.

Can a daughter challenge father’s will?

IF PROPERTY HAS BEEN SELF-ACQUIRED BY FATHER The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.

How ancestral property is divided?

Under the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. … By birth, a daughter has a share in the ancestral property.

Can a daughter claim her share in self acquired property of her father?

Under the Hindu succession, a daughter can make a right claim in a coparcener property. Both the ancestral and self-acquired property can be a collective property. … According to the Hindu Succession (Amendment) Act, 2005, a daughter is equally valid heir as a son’s property.

Do daughters inherit ancestral property?

The Supreme Court on Tuesday held that daughters, like sons, have an equal birthright to inherit joint Hindu family property. The court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect. “A daughter always remains a loving daughter.

How do I transfer my house from father to son?

Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.

Does son have right on father’s property?

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property.

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Does Mother property belong to daughter?

The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property. … However, it is important to note that if the father died before 2005, a married daughter will not have any right over ancestral property, while the self-acquired property will be distributed as per the will.