On demise of mother children can inherit property standing in her name 

apply for mutation of property in na e of legal heirs 

Yes, children can inherit property of mother's self owned and ancestral property as per the succession act and as per the transfer of property act.

1. YES .... Non-SC Children can sell Mother's "Self-Acquired" Properties only, AFTER taking permission from the district collector office.

2. Children will derive their caste status from Father's linage, unless divorce proceedings had taken place and Mother has been granted sole & permanent custody of children.

Keep Smiling .... Hemant Agarwal
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Mother can sell her property during her lifetime 

if original documents of title are with owner proeprty is not mortgaged 

you can take title search in sub registrar office to check whether land is mortgaged or not 

Yes they can but it's only possible if all are consenting to it. For understanding the entire case I need to know all the facts in detail. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

For lands in Gujarat: You may visit the official website of Record of Rights being  ANYROR. You have to select the land being urban or rural, insert appropriate land survey number, district, village, etc details and select Village Specimen 7. There you will find "other charges/lien" (in gujarati "bojo") which shall disclose the mortgage on the property. 

For any other state : Kindly visit the office of concerned tehsil / mamlatdar / Executive Magistrate / Talati with survey number of the property. so as to get the accurate details of mortgage/charge or lien created on the property. 

If it's noted in the SRO than you can able to get details on mutation papers otherwise not. For you want any hidden mortgage  transaction than kindly give advertisement in the running newspaper of your city and insert on sign board in the property area that this land or property belongs to you and want to sell this property if any one has any objection please contact on your number in next 30 days.

Yes before demise you can apply all siblings name on mutation papers as nominees of the owner.

It is the property of their mother hence there is no legal infirmity in the children acquiring the property from their mother.

After acquiring the properties, they become absolute owners of the property hence they can dispose the property in the manner they may choose.

The mother can transfer the property to her children by executing a registered settlement deed.

If you want to confirm the encumbrance you can engage the services of an advocate who will apply for title search with the concerned registrar and confirm the same besides obtaining an encumbrance certificate.

1. The children born out of intercaste marriage can inherit both parents' self acquired and ancestral properties. In the instant case children born out of SC- Mother and Brahmin-Father can inherit mother's property (SC property). However for selling the SC property, the lock-in period of 15 years should have elapsed and the permission from the DC/Collector to sell the property had to be obtained.

2.  To know whether the property is mortgaged or not, obtain Encumbrance Certificate.

Before the demise of parents the property can be transfered and sold only with their consent.

Dear Client,

There is no to transfer the land form Non SC to General.

- Yes, the children is entitled to get the share in the property of mother . but during the life time of mother none can get share and sell the property for any reasons 

- If the property is self acquired , then your mother can transfer the property to anyone as per her wish , and none having right to claim over the same. 

- Further , mother can transfer the property by way of settlement deed or gift deed . 

- For knowing the land is mortgaged or not , you can enquire from the office of Registrar. 

Yes children can inherit property from Mother and sell the land.

Though in the given case, the marriage of the parents of the querist  is inter-caste wnerein his mother belongs to SC community but this sole facts doen't deprive his mother to transfer her property in the name of her child/children during her life time or after her death. The property of SC can be sole to SC only, do not attract in the given case.

After your mother's demise, her share in the property shall devolve on her Class I heirs in equal parts. In simple terms, her estate would devolve upon her children in equal shares.. 

The surviving sons and daughters can inherit Mother SC land .