Can Son Claim Mother's Property When Mother is Alive?

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Can Son Claim Mother's Property When Mother is Alive?

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January 7, 2022

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Sarthak · Answer 1 · 2022-01-07T17:59:50+00:00

Hey, I know that the distribution of property among family members has always been a challenging task. My friend did not know about his rights in his mother’s property when she died without a will last year. That’s when he consulted a lawyer to know about the son rights on mother property. This is what the lawyer said: Can Son Claim Mother's Property When Mother Is Alive For Hindu: A son can’t claim any share in his mother’s self-acquired property during her lifetime. However, if a Hindu female (mother) dies without a will, then the property is divided among legal heirs as per the Hindu Succession Act’s provisions. The legal heirs are:

Husband, sons and daughters (if predeceased, their children)

The husband and children of the deceased woman (mother) have equal inheritance rights. In case a woman dies leaving no husband, no children, and no grandchildren, then the legal heirs are:

Father and mother
Heirs of father
Heirs of mother

For Muslim: It is the personal laws that govern the right of the son in his mother’s self-acquired property. Usually, there isn’t any distinction like the self-acquired or ancestral property under Muslim Law. The children of a Muslim mother can’s claim any right when she is alive. Inheritance opens only on a person's death. For persons of other faiths: The right of the son in his mother’s property is governed by the Indian Succession Act. Read more: Who is legal heir for mother’s property? What is the difference between self acquired property and ancestral property? I hope now know about the son rights on mother property.

Apurva · Answer 2 · 2022-07-11T10:47:40+00:00

Let me talk to you about mother property rights to son. I have come across so many queries on the matter and I feel that it is important for all of us to know a few basic things on the subject. Here is the information you should know about who is the legal heir of mother's property in India. Get your legal concerns addressed by experts. Use NoBroker Legal Services now

A 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. So it should clarify ‘can son claim mother's ancestral property when mother is alive or not’.
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

Let me know if this clarifies your doubts. In case you have any more questions drop them in the comments section.

Read more: Can daughter and son claim deceased mother’s self acquired property? Can son claim mother’s ancestral property Can son claim father’s property when father is alive How to transfer property from father to son

Avanti Nagral · Answer 3 · 2022-08-30T20:53:36+00:00

Because women now own shares in the family business, there has been such a significant shift in the social climate in our nation that today there are concerns about a mother's property rights in India as well. I am a lawyer by profession and I can tell you that a son can only inherit a portion of his mother's self-made property in subsequent lines of succession if the mother so desires. However, the problem of claim arises if the mother passes away intestate. Get in touch with the legal experts of NoBroker if you have any issues or doubts regarding property rights.

Does son have right on mother's property?

A son cannot be entitled to any portion of a mother's independently acquired property throughout her lifetime. However, under the terms of the Hindu Succession Act, if a Hindu female (mother) passes away intestate, the property passes to the legal heirs. The heirs legally are

Sons Daughters (if predeceased, their children) husbands

Equal inheritance rights belong to the mother's children and husband. If the initial order is absent, i.e., a woman passes away without leaving behind children, grandchildren, or a spouse, then the following individuals are her legal heirs:

Mother and father
Heirs of father
Heirs of mother

In the case of Hindus,

This means that if the mother passed away intestate, the son has a claim to the self-earned property of his mother.
Daughter and son have equal rights.
Even the portion of inherited property that goes to the mother when the property is divided remains her ultimate property and is considered her own.

For Muslim mothers,

The sons right on mother's ancestral property in the self-made property are governed by personal laws.
According to Muslim law as well, a woman will become the sole owner of any property she acquires through any means.
Generally speaking, Muslim law does not make a distinction between inherited and self-acquired property.
A Muslim mother never asserts any rights for her offspring while she is still alive. Only after a person's death does inheritance become available.

The Indian Succession Act governs the children's claim to the mother's property for people of other faiths. The woman's family members and those of her children receive precedence over those of her husband. Therefore, the resolution of a son's claim would primarily rely on the individual rules regulating that specific section and the succession order. This is what is a mother's property rights in India. Read More: What Is The Property Rights Of Daughter? What are Property rights of second wife and her children?

srushti · Answer 4 · 2023-04-28T20:10:08+00:00

Property inheritance is an important legal concept that determines how a person's assets are distributed after their death. In India, there are specific laws that govern mother property distribution law in India, both during her lifetime and after her passing. Get better legal assistance from the experts at NoBroker regarding property distribution. Can a son claim his mother's property? A son cannot claim his mother's property while she is still alive. The mother has full ownership and control over her property during her lifetime, and can decide how to distribute it as she sees fit. However, after the mother's death, the rules for property distribution come into play. Who has right on mother's property after death in India? In India, the distribution of a mother's property after her death is determined by the Hindu Succession Act. This law outlines who the legal heir of mother property are, and how the property is to be distributed among them. Who has right on mother's property? The legal heirs of a mother's property include her children (including both sons and daughters), as well as her husband (if he is still alive) and any other blood relatives. All legal heirs have a right on mother's property. If the mother has left a will, the specific nature of the property, and any debts or liabilities that the mother may have had will be different for the mother's property distribution in India. This is only applicable for self acquired property. If you have more questions on mother property distribution law in India, seek legal advice. Draft a legally valid sale agreement for your property via NoBroker Read more: What are mother property rights to daughters? What is Property Distribution Law in India? What is coparcenary property under Hindu Law?

Nagma · Answer 5 · 2023-07-05T21:41:32+00:00

One of my friends was curious to know whether he has any rights if property is in the name of mother. He spoke with my uncle who is a lawyer regarding the same. Then my uncle informed him that in general, while his mother is still living, a son cannot claim his mother's property. The mother retains sole ownership and management of her assets as long as she is alive. Read on to get more details.

Can a son claim his mother's ancestral property?

The answer is No. I have gone through Apurva's and Avanti Nagral's responses. They did a great job of clearly explaining the details regarding property in mother's name. Moreover, the transfer of property ownership upon a person's death is governed by certain legal procedures. Let’s check out the mother's property law in India:

As a Class I heir, a mother receives an equal portion of the assets left by her deceased son, together with his wife and children.
A mother is entitled to get equal property as each of her children in the case they divide the family asset following the father's passing.
She has complete control over her belongings and resources and is free to use them the way she wants to.
Moreover, all of her children will inherit her possessions equally when she passes away.

It is crucial to seek legal advice and comprehend the laws and rules governing the mother’s property ownership. I hope you found this information useful. Avail NoBroker Legal Services to get all your legal queries addressed by experts. Read More - Can an ancestral property be willed? Can a father give property to one son? What is the difference between self acquired property and ancestral property?

Swati mishra · Answer 6 · 2023-09-28T15:49:30+00:00

Swati mishra

2 September 28, 2023

⤺ Reply

A son cannot claim his mother's property when she is alive. A mother may choose to gift or transfer her property to her son during her lifetime. The son without her consent or a legal basis can not claim for it. Here are the details for who are the legal heirs of mother's property: If the property is registered in the mother's name, she has the right to sell, or transfer it as she wishes. If the mother wants to gift her property during her lifetime, she can do so by executing a Gift Deed. It must be executed voluntarily, and should be registered to make it legally valid. If the mother passes away without leaving a will, the property will be distributed according to laws of inheritance. It depends on personal laws applicable to different religions. Married daughters are also considered as coparceners and have equal rights in ancestral property, regardless of whether the mother is alive or deceased. If there are disputes related to property, consult with a legal counsel to understand the specific circumstances and rights. In summary, the answer to who are the legal heirs of a mother's property depends on religion and type of property. Need help with legal documentation? Contact NoBroker Read more Can Mother Give Property To One Son? Can grandson claim grandmother property?

Can Son Claim Mother's Property When Mother is Alive?

Does son have right on mother's property?

Can a son claim his mother's ancestral property?

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