Legal Question in Intellectual Property in India

i am 30 yrs man. my father was expired before 10 yrs. my mother is alive. inknow the rights of my father's house. can my mother sell this houe indepently

Asked on 12/13/13, 11:19 pm

2 Answers from Attorneys

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Answered on 12/14/13, 12:19 am

Section 8 of the Hindu Succession Act states that the property of the Hindu male dying intestate would devolve upon the heirs as mentioned in class I of the Act. Sons, daughters, mothers and widows are mentioned under Class I of the Act, among others. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance to specified rules. Rule 1 states that the intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2 states that he surviving sons and daughters and the mother of the intestate shall each take one share.

Therefore, your mother has the right only limited to her share of the property. If you are the only child of your parents, then the property would be divided between you and your mother and as a result, your mother does not have the right to sell the house independently.

Consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at [email protected]


Advocate Pooja

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Answered on 12/15/13, 10:32 pm

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