Vel Murugan 10 May 2016

Will execution

Dear All,

Please help me understanding my concern,

A property was transferred to Mother , Son by settlement deed of Father. Daughter was not included in the deed as the family felt they have already done theier best to her by providing her a new home. Mother has further executed a new settlement deed of property said above to her Son.

Can daughther claim or move to court claiming share in the above said property as it was not earned by Mother.

Also Mother has Fixed deposit in bank . Mother is willing to give the same to Son. Can a WILL be executed favoring Son without daughter causing any problem.

BestRgrds,

Vel

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4 Replies

Kumar Doab (FIN) 10 May 2016

Which personal law apply to Father/Mother e.g; Hindu Succession Laws?

What is the nature of property; self acquired/earned/ancestarl/HUF etc?

Is there evidence of providing new home to daughter?

Is it mentioned in settlement deed etc?

Mother may nominate Son in Bank FDr etc and also leave a valid WILL (preferably registered) favoring son.

saravanan s (legal advisor) 10 May 2016

If the above mentioned property is self acquired by father then she can't claim but she can challenge it before the court on grounds of fraud being committed.