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Daughters share in property that has been purchased from the proceed of fathers properrty

(Querist) 18 November 2013 This query is : Resolved 
hello sir
my wife father had a property in virgumbakkam Chennai he died in 2006 and had registered the will at the registers office at virugumbakkam the will was that the property could not be liquidated during the life of the wife (the will was that after the death of the mother the sibling that is the brother and daugher could dispose the said property and share it equally )that is the mother of the daughter but the said property was liquidated within 6-8 months of his death and they moved to a rented place at anna nagar and with half of the proceeds they purchased a property at vanagaram and registered it in the mothers name the balance was handled by the son who claims that he has invested some portion of it in the sisters name nut there is no records of the same
the son shifted to the rental place as soon as the new property was ready and all the maintenance and other cost is being borne by the daughter
now the mother is claiming that this property is hers and she want the daughter and her children out of this place and states that she will not will it to the daughter as this is hers and its her right to will it to the son
the certified copy of the will has now been collected and the mother claims that the will does not hold any water as if concerns and hold good only had the property not disposed of in the first case
is there any remedy for the daughter what remedy can be taken by the daughter
BAALASUBRAMANNYAMM (Expert) 18 November 2013

As per the will, the daughter is entitled to challenge the will. As the mother is not having any right to alienate the property during her life, as per the will.
ajay sethi (Expert) 18 November 2013
as per will mother had only life interest in property . had no right to dispose of the said property during her lifetime. daughter can challenge sale of property by mother
Rajendra K Goyal (Expert) 18 November 2013
Challenge the Sale of property on the basis of the contents of the will. Contact a local lawyer.


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