Mothers Property
Charan Chander J
(Querist) 06 November 2009
This query is : Resolved
Dear Sir/Madam,
We are two children, I am the son, my mother has inherited a building from her mother by partition (ie this is my grandmother property). My mother has left a will (without my knowledge) with entire property to my sister, i have not got any share in the property. Since the property is anscestral
1.Has my mother got the right to make a will? 2.On what grounds can i apply for a suite in the court,is there any special provision on ladies property(since it is not a self earned property)
Regards,
Charan
Y V Vishweshwar Rao
(Expert) 06 November 2009
In the absence of the Will Deed you both are equally entitled to share the proerty .
It is the proerty of your mother, mother side proerty , it is not ancestral proerty , mother has right to give the proerty to any one .
Adv Archana Deshmukh
(Expert) 06 November 2009
It is not your ancestral property. A property inherited from a female is not ancestral property.Your mother has the right to make a will and dispose the property as she wants.
Charan Chander J
(Querist) 06 November 2009
Dear All,
But is it not illegal to sideline one child and pass on the entire share to the other child?
By this will is it not at all possible for me to get my share by even fighting in the court?
Regards,
Charan
Adv Archana Deshmukh
(Expert) 06 November 2009
It may be unfair, improper but not illegal in the given circumstances, because it is her absolute property. So, she can make a WILL and dispose it as per her wish. However, if you find the WILL suspicious, you can challange it.
adv. rajeev ( rajoo )
(Expert) 07 November 2009
thru will ur mother got the property so it is her property she is the absolute owner ofsuch property. She has a right to dispose the property according to her will and wish.
Y V Vishweshwar Rao
(Expert) 07 November 2009
I agree with Adv. Archana !If the Will Deed is suspicious you can claim your share and the Will Deed has to be proved, then only your sisiter can claim the proerty as declared under the Will deed !
Charan Chander J
(Querist) 07 November 2009
Is there a way i can fight this case considering a share to grand childrens?(my son and my sister's children)
How is it possible to write a will saying that my sister is the only daughter when I am also alive?
Regards,
Charan
