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.
What are the rights of a son on the father's property if his mom has died and his father has remarried?
hmmm, well the son would actually have mothers rights if he is the only son/daughter as the son would no doubt be inheriting what the mother had and the father would actually get nothing. You see, the father has no blood relations to the mother. NONE, only her children BLOOD CHILDREN should get anything legally. The father has no legal right to the dead mother and the mother has no legal right to the living father. “Till death do you part” is a vow and some would call it a sacred vow that needs no further interpretation. “TILL DEATH DO YOU PART, is the only thing you have to think about if death did the parting, it meant they were 100% sober when they made the vow and no one believes that after death a mother wouldnt leave her son everything and give it to the father and be 100% sober . Dad already got his mothers shit. No way he could take your mothers shit. In Fact, have him thrown out.
Can married daughters claim their fathers’ property if the father died before the Hindu Succession Act of 2005?
Yes, they can. The section 6 of the Hindu Succession Act was amended in 2005 and gave daughters equal co-parcenary rights to that of sons in joint hindu family property, commonly known as ancestral property.However, there are two aspects of this. One is that the property to be claimed must be ancestral and not self acquired property of the father, i.e., property should have been devolved to father by way of inheritance and not be property self earned by the father. Secondly, there must not have been a partition of the joint hindu family before 20.12.2004. If a partition has taken place before that date then court cannot undo the partition and give the co-parcenary share to the daughter.A joint hindu family propety is called ancestral property because it passes on from one generation to another. A joint hindu family system is a patriarchal system consisting of a karta (the eldest male member) and co-parcenars (all other male members of the joint hindu family). Only male lineal acendants or descendants can form part of joint hindu family. Females have only the duty of reproducing male heirs.Now after 2005 amendment, daughters were given equal status of co-parcenars to that of sons and they could now claim equal rights and share with respect to joint hindu family property.But there is a caveat that the partition must not have happened before 20.12.2004. Partition is way by which a co-parcenar seeks his share in the property and as soon as the co-parcenar askf for partition then the property is divided and each co-parcenar if given his share. It does not matter whether it is only one co-parcenar or all of them seek partition. Once a partition is ought the joint hindu family breaks and the ancestral property is divided equally amongst all.This question of partition and thereafter the impact of share of female co-parcenars came to SC in Prakash v Phulavati in 2015. The Court ruled that partition done before 20.12.2004 shall not be disturbed.I hope this clears your query. Moreover, if the father dies and does not leave a will then in that case the daughter is entitled to equal share in father’s self acquired property (if any) along with share in ancestral property (if any)
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
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
My father expired, but I am just 16, who will be the actual owner of my father's property?
There are two situations. In case he died after leaving his Will, the distribution would be as per his Will, however in case there was no Will, the undermentioned Section 8,10 of the Hindu Succession Act is of importance to you:8. General rules of succession in the case of males.―The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:―(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and(d) lastly, if there is no agnate, then upon the cognates of the deceased.10. Distribution of property among heirs in class I of the Schedule.―The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:―Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share.Rule 3.―The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.Now, if you are not of the age of majority, your mother(in most cases, unless there are some special circumstances) shall act as your guardian and shall be the custodian of your share, till the time you get attain the age of majority.The aforesaid rule applies both in case of ancestral property as well as self acquired property.
In India if father died without will and son is staying at the property, can other siblings made him to vacate the place?
Since no will was written, all legal heirs of your father are entitled for an equal share in the property.. while siblings may ask you to vacate the house, they cant stay in the house either as even you have rights in the property.. better option is to talk to your siblings and make a deal.. else talk to a lawyer and get the issue sorted out through court.. once a civil case is filed, you can continue to stay in the house until court says otherwise
How do I transfer my father's land (property) to my name in Tamil Nadu, India?
After the death of the father, all legal heirs inherit the property. If mother also expired and there is only one son or daughter remaining, he or she inherits the property by virtue of succession. He or she can make an application before the concerned Tahsildar with death certificates and legal heirship certificates for transfer of PATTA in his or her name.Once Patta is transferred, the transferee becomes absolute owner of the property.Thereafter he or she can sell,mortgage, lease, etc of the property.
Procedure for legal heir certificate?
It is better If you Go for Succession certificate from Court . You will have to contact an civil advocate of your locality who can help you to get the legally valid Succession certificate . It may take some time for finishing the court formalities and you may have to pay court fees apart from advocate fees and other expenses like news paper advertisements .