probate of WILL

somashekhar (Querist) 02 July 2010 This query is : Resolved
The property was Joint Registered between Husband and Wife. They have two daughters and they are married. After the death of Father Mother made a WILL-registered by dividing the property equally. As per the indication of share in WILL elder daughter constructed house and now, with bad intention elder daughter got the entire property by Gift from mother.

Is there any right for younger daughter to get the share as per the WILL?

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Devajyoti Barman (Expert) 02 July 2010
The mother can gift only the her whole of half share in the property and after the death of the father the younger daughter has got 1/6th share in the property. If she wishes then she could file a suit for partition and also for declaration of the gift deed as null and void.

Y V Vishweshwar Rao (Expert) 02 July 2010
Husband & Wife Joint Regd Sale Deed purhasers and they have equal rights and Husband died . Wife can only bequeth/Transfer her share in the proerty udner a Will/Gift Deed not more than her share . The Will deed will come in to operation after her death only

The Wife has only limited share in the Property and she can not transfer the proerty more than her share . You can challenge the Gift Deed and You can claim your share in the proerty .

Chanchal Nag Chowdhury (Expert) 03 July 2010
The mother can definitely alienate her portion according to her wishes. If you smell fraud, approach the competent court, plead fraud & prove it. U can obtain an order of injunction as an interim measure.