Rights of sale of an Inherited Property
Shankar
(Querist) 15 July 2008
This query is : Resolved
My mother is the only child of my late grandparents. My mother is the only legal heir and has inherited my grandparents property (a house). The inherited property documents are still in my grandparents name, but Property Tax and Water tax are paid in my mother's name.
My mother has 3 daughters and 2 sons (including myself).
The question is:
1. Is my mother the 100% legal heir of my grandparents, or we grand children's also legal heirs?
2. I found in the Inheritance law stating Class I, Class II etc. It states the heirs listed in Class I are first entitled to enjoy the inherited property, and secondly the heirs listed in Class II and so on. If so, can my mother alone enjoy the 100% ownership of the inherited property by the virtue of being part of Class I?
3. What are the rights of my mother and my mother's children in the property inherited by my mother?
4. Can my mother write a will of the inherited property as she wants, without giving us (my mothers children's) any share?
5.
a) Can my mother sell her inherited property without our (my mother's children's) consent?
b) If so, will the sale be legal?
c) Can anyone of us (my mother's children's) claim a share in the sale proceeds?
arunprakaash.m.
(Expert) 16 July 2008
Under section 14 and 15 of the hindu succession act 1956 a female absolute right over the property which she has acquired by any mode of succession.
So your mother has every right to dispose the same at her own wish.
She can write a will.
she can gift the same
she can make a trust.
After the life time of your mother if there is no will the her childrens are eligible under intestate mode of succession
Shankar
(Querist) 16 July 2008
Thank you Mr. Arunprakash. That is a big relief and i can find my mom so happy that, i have no words to express.
One other query though, is that, i have been hearing that if she sells the property, the buyer would insist on all my mother's legal heirs (that is my siblings including myself) to sign an NOC. Is this true?
Guest
(Expert) 16 July 2008
Yes, it true, all the legal heirs of your mother must sign as consenting parties, though it is not required under law. The buyer will insist because, your mother's legal heris amy at a later point of time drag the buyer to court on untenalbe grounds.
Shankar
(Querist) 16 July 2008
Thank you Mr. Kotesh.
What if i buy the property from my mother, without insisting on NOC from all Class II heirs?
Can I buy with the consent of all the legal heirs, except one person who is not willing to go by my mother's intentions?
What rights does a Class II legal heir has got to drag the buyer to court on untenable grounds?
KamalNayanSaxena
(Expert) 16 July 2008
The question which requires consideration is whether your mother would become the owner of the entire property which belonged to your grand parents.
According to the Sec.15 Hindu Succession Act your mother and all her children would get equal share in the property.
In this view of the matter, your mother will have only 1/6th share in the estate left by your grand parents.
Shankar
(Querist) 16 July 2008
Dear Mr. KamalNayanSaxena,
It states first to heirs of Class I and in the absence of heirs in Class I, secondly to heirs in Class II.
Is the above understanding correct?
Srinivas.B.S.S.T
(Expert) 23 July 2008
Sir if you buy the property from your mother the rest of the family will definetly shout that it is a fraud. So instead of buying the same let your mother write a will or gift the property to you.
