Can my father transfer my mother's property in his name without our son’s and/or daughter’s consent?
There is lot more than just a plain transfer here. The laws of succession comes into play whenever succession happens without a Will.If your mother has passed away without any Will then her assets will be distributed as per Hindu Succession Act which clearly states that in absence of Will the property is divided equally among the legal heirs. So in your situation your father and your brother along with you have an equal right over your mother asset. So transferring the entire asset without your consent in my view is not right. Ideally the gram panchayat should have asked for a Will or a succession certificate if there is no Will. Without a succession certificate any asset cannot be given to any legal heir .In my view wife property cannot be claimed by husband alone if she has died without a Will. Read this article which explains the succession law and how the asset are distributed when there is no Will. Consult a good lawyer and put the facts in front of gram panchayat-What If You Die Without A Will? - Your Pocket MoneyDisclaimer: I am not a lawyer or law student but putting the general facts of succession law in front of you. You will have to consult a lawyer to know the rules of law related to Gram Panchayat and Succession.
Can my father sell my grandfather's property without my consent?
That would depend on whether the property was your Grandfather’s “self-acquired” property or whether it was an ancestral property.In case it was your grand father’s self acquired property, on his death, and your father is the only legal heir of the property, unless there is a will which bequeaths it to both of You, he can sell the property.In case there is no will or your father is the only person on the Will, your father can sell the property without your consent and you cannot claim any share in sale proceeds .You can claim if your father further invested the amount in in other property or has FD in his name on the basis that the amount which he is holding is that of his father.
How do we transfer property (in name of deceased father) to his children? What are the charges?
In such a situation one needs to give notification in news paper about it so that if anyone have objection or if there is any will exists under someone else name he/she can object to this process. One need to wait for 15 days from the date of notification published. If no one has object then legal heirs can present required certificate to get the property registered under their name.Not sure about registration charged
Can an Indian son claim ancestral property if his father is alive?
In the Civil Appeal of U.R.V irupakshaiah vs. Sarvamma & another, the Supreme Court of India ruled that Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is “ancestral property”.Under the Hindu Law, the moment a son is born, he gets a share in father’s property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth.By its very nature, ancestral property is coparcenary property and the son is a joint owner along with his father (when he is alive), i.e., he can not have exclusive or sole right to the entire ancestral property.Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him.In the light of the above (limited) discussion, it can be observed that the son, in the capacity of a coparcener in the ancestral property, is not barred from making claim while his father is alive. But such claim shall have to be limited to his share only.
Why is property divided among spouses during a divorce?
Assets acquired during a marriage are split during a divorce. Debt also. If you own an asset that gains value during your marriage, the value gained during the marriage may be subject to division in a divorce. That applies to both parties (regardless of who owned the asset prior to marriage). Talk to a lawyer. Every state/country has different laws. Such as, in many US states, it wouldn't matter who was in your will, if you weren't dead when the divorce occurred. Also, in many US states a person can't disinherit their spouse or their kids, so regardless of what they put in a Will, a certain % of their estate will go to their spouse and kids, depending on the law. I doubt you'll really care, if you're dead, so what you need to find out is what the law says (where you live) about what happens to assets you bring into a marriage, if you should divorce. Will she have rights to the car you owned before marriage? Unlikely. The business? Possibly (esp if it gained in value). Family property? Probably not, as long as it wasn't used as a marital asset (you two didn't build a home on it to live there together). People are free to have an attorney write up a pre nuptial agreement that might help protect assets owned prior to marriage, from being considered as part of a divorce settlement. Find out from someone who knows the law. If your'e so worried you'll choose poorly in marriage, then don't marry. Someone that worried about fair division of assets if the relationship should end, isn't a good candidate for marriage anyway. Remember, the law works both ways and she has as much to risk as you do.
Can two brothers divide ancestral property among themselves without informing their married sister and/or without her consent?
A2AAccording to section 6 of the Hindu Succession (Amendment) Act, 2005, the daughter shall become the coparcener in joint Hindu family property in the same manner (same share in the property) as the son and shall be subject to same liabilities as that of a son. Provided the partition had not taken place before December 20th, 2004.Hence, the daughter has the right to claim her share in the ancestral property regardless of the fact that the daughter is married.So, the answer to your question is that the brothers cannot divide joint hindu family property among themselves without the consent of sister/s or without alloting each sister the shares equal to that of a son in the property provided the partition has not taken place before December 20th, 2004.
My father divided ancestral property only to my sisters. is this legal?
My views:If they are self acquired properties of your father then he has all the right to Will it as per his wish. However, if any parents disown any of his children then there has to be valid reasons for it and should be well written in the Will. No parents can deprive their children from the assets by just mentioning in a Will without putting forth reasons for it since all children have equal right on the assets of their parents.Although I have put forward my views its advisable that you should take a legal help for your situation.
What are the legal rights of son in the property of his father?
In India, as per Hindu succession Act,a. If the property is ancestral, son/children have the right over the property. For the property to be ancestral, it has either to be inherited by the father from his father i.e. the grand father after his death or the grandfather, in his life time, have partitioned the property. But, if the father has got the property from grandfather as a gift, it will not be considered as ancestral property.[1]b. If the property is self acquired by the father, son/children can claim no right over it. [2]Footnotes[1] Supreme Court puts Final Death Nail on Concepts of Ancestral Property & Joint Family Property, Read Judgment - Latest laws[2] Son has no legal right in parents' house, can stay at their mercy: Delhi high court - Times of India
If a person gives his property to only one child, can his other children claim the property?
My general understanding is..If the Father has acquired the property on HIS OWN efforts either through employment or business, he has the right to give to any body.However, if the Father has acquired ancestor property from his father, the Grand Children have equal right in the ancestor property passed on to his Father by Grand Father.If you are serious on this matter, you should consult a lawyer for more details.