Ancestral property
Selva Kumar
(Querist) 30 December 2020
This query is : Resolved
My grandfather had purchased property he dead. My mother is the only daughter, has two sons,
My question is,
1. so eventually the property will be passed on to us.
2. she give the property to any one son
3. she sell the property and transfer the proceeds to a third person ?
Isaac Gabriel
(Expert) 30 December 2020
Your mother, sons and daghter are entitled for equal shares..Your mother cannot act independently iterfere and do anything detrimental to other,s shares.
Advocate Bhartesh goyal
(Expert) 30 December 2020
Questioned property was your grandfather's and he died intestate left behind your mother only as legal heir.Your grandfather's property rights devolved to your mother and she became absolute owner of property and she had every right to sale,gift and transfer the property to anyone as per her wish and also has right to transfer the sale consideration to anyone.you and your brother have no right to challenge her decision.
P. Venu
(Expert) 30 December 2020
Yes, your mother is the absolute owner of the property. She, during her lifetime, can dispose of the same at her discretion. You are only a legal heir to the property , if any, left intestate.
Dr J C Vashista
(Expert) 31 December 2020
Well analysed, opined and advised by experts, I endorse and appreciate.
Since your mother became absolute owner / title holder of her ancestral property, she can transfer to any one.
Rajendra K Goyal
(Expert) 31 December 2020
You said:
1. so eventually the property will be passed on to us.
Reply:
Property would be inherited by legal heirs only if owner (mother) expires intestate.
You said:
2. she give the property to any one son
Reply:
She is owner of property, she can gift /sell / mortgage / assign it in favor of anyone including any son.
Rajendra K Goyal
(Expert) 01 January 2021
You said:
3. she sell the property and transfer the proceeds to a third person ?
Reply:
Yes, she can.
