Upgrad LLM

can my sister claim over my mothers property


My father bought a peice of land by registered sale deed ,my father died in 1970 .The state government declared the land as disputed and my mother fought a case against the state government which she won and got the land in her name .The land is soley registered on her name(property card and all document in her name) .My mother has two son including me along with three daughters now she wants to make a will and transfere the land in my and my brothers name excluding her daughters(all married).

q1) does hindu sucession act comes into the picture and does my mother needs consent of her daughters to execute the will in favour of two sons(me and my brother).

q2) does the will prepared by her is valid 

q3)According the below point and the above mentioned fact does the sub-section(1) of hindu succession act applies and if it applies can she make a legally valid will in the favour of me and my brother excluding my sisters ( Female Hindu acquiring right to property under written agreement or decree of court and such acquisition is not traceable to any antecedent right — Sub-section (2) is applicable — Where antecedent right is traceable, sub-section(1) will apply.)

 
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Advocate

1) You said that your father had bought a piece of land by a registered sale deed,

2) After his demise, his 5 children & one wife has equal share on the said property,

3) Your mother faught the case for & on behalf of all of you which she had owm,

4) If her name has been entered  in some documents as sole propreitress, then it may be challenged by the other heirs lateron,

5) Your mother can pass on excactly the same right, title & interest on the property which she holds,

6) In the instant case, she is not the owner of the entire property,

7) To enable her to own the entire property, all her children shall have to relinquish their rights on their shares in her favour through a Deed after which she can do any thing she wants to with the said property.

 
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Mr Ganguly ,thanks for your prompt reply .

1) If my mother wants to transfer her share of property to me ,what is the most cost effective and legally valid approach(will,gift or any other approach).

2) Can my mother make a  relenquish deed in my favour (what will be suitable gift deed of relenquish deed)

 
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Advocate

1) The most cost effctive way shall be through unregistered Will if you feel that the same will not be challenged by others when you will apply for probate after the demise of your mother,

2) The best and safest way legally will be through registered Gift Deed.

 

 

 

 

 

 
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Asst Manager

absolutely correct - 

K.K.Ganguly

 
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