Property Rights Of Son On Mother’s Property

by lawcredo
property rights of son

Reflective of the fact that girls too now have shares in the circle of father’s assets now, issues have been seen in the country regarding the mother’s property as well.
As per the succession Act, in the case of a woman’s property, a son can not claim a share in his mother’s self-earned property during her lifetime. However, if she dies, the issue of mothers property rights is guided by the act. This blog provide you full information about property rights of son on mother’s self earned property in India.

property rights of son

Self-earned Property

Self-earned property refers to the property or asset earned by the person, inherited as per the act, or is acquired as a part of the will or received by the respective person after partition or acquired as a share of the family business HUF.

A woman is the absolute owner if she has a right to deal with the property.

Lawfully dealing with self-earned property

  • The law offers an individual right to address the self-earned assets in any manner that he pleases.
  • The activity can be selling or living.
  • A person can take away the self-earned property to the exclusion of his heirs.
  • The total assets can be transferred to a third party as a gift.
  • No legal heir can claim any right over the stated assets until the assets’ proprietor is alive.
  • If the owner dies, then the legal heirs can claim the self-earned property.

In India, property laws are covered under personal and statutory regulations.

Personal and statutory Laws are described as a regulation created by the legislative branch that applies to a positive magnificence or organization of humans or a specific man or woman, based on religion, faith, and subculture. Their belief is determined with the aid of the sets of laws. And these legal guidelines are made by using unique customs with the help of the particular religion.

During the lifetime, no one can claim the property of the mother if self -acquired.

Following are the legal heirs of her property in case she dies:

  • Sons
  • Daughters
  • Mother
  • Father

All of them have a legal right over her property. If you want any type of legal guidance on this then hire the professional nri lawyers of nri legal advisors India provide you best nri legal services in India

Laws as per the religion:

In the case of Hindu mothers:

  • A son can, consequently, declare a right within the self-earned property of his mother if the mother has died intestate.
  • Both son and daughter have equal rights.
  • Even the percentage of ancestral belongings falling to the mother after the partition of the assets turns into her absolute property and is dealt with as her self-acquired property.

In the case of Muslim mothers:

  • It is one of the personal laws which governs the son rights on mothers property regarding the self-earned assets.
  • A woman will become the absolute proprietor of the property she has received by using any means.
  • There is no distinction like the ancestral or self-acquired belongings under Muslim law.
  • The kids of a Muslim mother can’t declare any claim over the assets during her lifetime. Issue of inheritance arises at the mother’s death.

In any other religion, property rights of son would be governed by the Indian Succession Act.

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