Question And Answer
Subject: Agricultural property registered in mothers name by husband out of his own earnings
Querist: Gagan
Answered by:
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Date: February 17, 2023
Query asked by Gagan

Hi Team,

1.Agricultural property registered in mothers name by husband out of his own earnings. Now mother died in 2021 without any will/gift. Now father got transferred the same property into his name without any consent/signature from his 2 children i.e one son and one daughter.

2. Is this agricultural land becomes father’s self occupied properties or both Son and daughter have the equal rights as ancestral property as mother died without any gift deed/will?

3. If father wants to prove that this property is purchased from the money that he as earned and hence it is his own self occupied property then what documents to be produced at the court to prove this?

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Assuming the mother is a Hindu, as she died intestate, her property shall devolve as per the Hindu Succession Act, 1956. In this case, her assets will be distributed amongst her husband and her two children. However, as the property in question was purchased with the consideration provided by her Husband, he will have rights to the property. The property in no way can be called ancestral property.

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