Share of house property

R.Rajendran (Querist) 12 June 2008 This query is : Resolved
My mother-in-law has two house properties in her name.One house is at the heart of city (where she is residing along with my father-in-law)and its market value is Rs.40 lakhs.Another house is at suburban town and its market value is Rs.6 lakhs.My mother-in-law got these properties through the will of her mother(who is not alive).
My mother-in-law has 3 sons and 3 daughters and they are all married and settled.I request for legal reply for the following queries:
1. My mother-in-law wants to execute a will giving Rs 40 lakhs worth house property to her 3 sons and Rs 6 lakhs worth house property to her 3 daughters.
Can she write such a will on her inherited properties?
2.Can the daughters claim equal sharing of both the properties along with their brothers and ask their mother to execute the will to that effect?

Rajendran

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R.S.Rajesh (Expert) 12 June 2008
Since, the properties are acquired under a Will, it is governec under Testamentary Succesion and not by inheritance, it becomes the absolute property of your mother-in- law and she can execute the will and settle the properties in favor of the person of her choice.

Guest (Expert) 13 June 2008
Will is the best option if there is such intention, wihtout a WIll daughtters may not get anything as they are married before 1996.

arunprakaash.m. (Expert) 13 June 2008
under section 14 and 15 of the The hindu succession act 1956 a female hindu has absolute right overher property acquired by whatever nature. So she every right to alienate the same either through will of through gift under section 122 of transfer of property act..

H. S. Thukral (Expert) 13 June 2008
Answer to your queries in the cirucmstances of the case is
1. Your mother in law can execute the 'Will' as per her will.
ii. Daughters can not force their mother to execute the 'Will' as per their will. Your mother in law even need not disclose the contents of the 'Will'to them

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