Self acquired property or not...

Querist : Anonymous (Querist) 03 November 2010 This query is : Resolved
Hello...

My father owned a leasehold house and after his death it devolved in his 4 legal heirs - 3 sons(including me) and my mother.
My two brothers relinquished their respective rights in the leasehold property vide duly executed and registered relinquishment deed in my and my mothers name.
Me and my mother got this property free- hold by submitting these relinquishment deeds and the property now stands in the name of my mother and myself jointly.

Can my mother now make a WILL of her undivided share in the above said property as SELF ACQUIRED PROPERTY or not.

Thanks a lots...

Follow Query

Report Abuse

Arun Kumar Bhagat (Expert) 03 November 2010
It is inherited property. It will automatically devolve on you since your other brothers have relinquished their right.

Querist : Anonymous (Querist) 03 November 2010
Thanks for the reply...

So what you are saying is that there is no need for a WILL from my mother ...

I always thought that after my mothers death the rights of my mother will again devolve on her legal heirs which also include my brothers and me so a WILL of her rights in the property is necessary ...

Thanks...

A V Vishal (Expert) 03 November 2010
I always thought that after my mothers death the rights of my mother will again devolve on her legal heirs which also include my brothers and me so a WILL of her rights in the property is necessary ...

Yes you are right, the rights don't devolve directly to you upon her death, since it is a ancestral property, her share devolves upon all her legal heirs, what your brothers have relinquished is only to the extent of their share which they received upon your father's death and not that which will devolve upon your mother's death.

adv. rajeev ( rajoo ) (Expert) 03 November 2010
Yes you can do.
Yes after the death of joint holder all the legal heirs will entittle to claim their share

R.Ramachandran (Expert) 03 November 2010
Dear Mr. Anonymous, Yes, your thinking is correct. This has been very correctly confirmed by Mr. Vishal also.

B K Raghavendra Rao (Expert) 03 November 2010
Your mother has to make a will if her share of the property is to be bequeathed according to her wish. Otherwise, after her death, her share of the property would once again devolve on all her heirs.

s.subramanian (Expert) 03 November 2010
Yes. You are right.

Querist : Anonymous (Querist) 03 November 2010
Thanks a lots...

But this property was devolved to her and me through Relinquishment of rights from my brothers and not self acquired by her through her own funds ... still will this be treated as her self acquired property and she can make a valid will of the same of such a property...

Khaleel Ahmed Mohammed (Expert) 03 November 2010
No she can not make a valid will without the consent of other successors.

ashish lal (Expert) 03 November 2010
she can make a will for her rights in the property. Your brothers have relinquish THEIR RIGHTS IN THE PROPERTY but have not given up the shares which might come their way by way of inheritance through mother