Inheritance
Rk
(Querist) 05 June 2016
This query is : Resolved
Father died without will. Mother transfered property to her name. There was a major son and minor daughter. 26 years later can the mother will the property to the daughter and/or daughter's sons? The son is left without any property. He took care of mother and earned for the family and spent on minor sister's marriage education child birth. Thanks earnestly. Mother has also died but there seems to be a will somewhere which the sister knows is made and is in her or her son's favour.
Rk
(Querist) 05 June 2016
There are no whereabouts of the will till date. It's six months since the demise of mother. Maybe the will is with sister but is in name of her minor sons so she is not coming out with it till they become major.
Kumar Doab
(Expert) 05 June 2016
Which personal law applies to deceased father e.g Hindu Succession Laws?
Believing that you are Hindu:
The property and estate of Father shall devolve equally upon your Mother, you, and your sister.
Mother can give her upto share only to anyone by WILL.
Submit death certificate of father and legal heir/affidavit etc as per applicable rules/practice in authority under whose jurisdiction property falls and get the name of all legal heirs mutated in revenue records.
It is moral duty of children to maintain parents and brother to maintain sister.
T. Kalaiselvan, Advocate
(Expert) 09 June 2016
Insofar as your mother's share in the property left intestate by your deceased father, the will left behind by your mother shall be held valid, however if the will is for entire property then it can be challenged.
You are entitled to a legitimate share rather half share in the property hence you may talk with your sister and arrange for an amicable settlement, if not you may file a partition suit seeking your share and separate possession.
