Right over mother's ancestral property Right over mother's ancestral property

1 week ago

Do I have any legal right over my mother's ancestral property. Can she dispose it off during her lifetime or execute a will ?

Anik

Responded 1 week ago

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A.Dear Client,
son cannot lay claim to the property or have any right over it till the time the mother is alive, even if he is named as the sole beneficiary in the will. This goes for both self acquired and ancestral share. A son can, therefore, claim a right in the self-earned property of his mother if the mother has died intestate (i.e., without a will).
Even the share of ancestral property falling to the mother after the partition of the property becomes her absolute property and is treated as her self- acquired property . He can stake a claim to it only after she passes away.
Both son and daughter have equal rights when it comes to mother property rights after death to children.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
A son cannot claim a share in the ancestral property of her mother or have any right over it which is always considered as her self-acquired property till the time the mother is alive, even if he is named as the sole beneficiary in the will. The son is treated as a Class I heir of his father's property. He has a legal right over his father's ancestral property. He also has an equal share in his father's self-acquired property if the father dies intestate
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir,
You have no rights over ancestral property of your mother during her lifetime since it is her exclusive Streedhana. She may execute a Will or alienate the property as she may wish.
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Vidhi Samaadhaan Vidhi Samaadhaan

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