Shruti 12 May 2022

Daughters entitlement in parents' inherited property

I inherited some property after my father died intestate. I sold the property and deposited 30 lakhs in bank FDs. Can I write a Will for this 30 lakhs bank FDs even though it is inheritance and not self acquired property? Can I write a Will giving 30 lakhs to my son and nothing to my daughter? Or is it that I can only write a Will for 1/3rd of my share, that is 10 lakhs to my son, and after I die, my son and daughter will divide the remaining 20 lakhs equally between them? So, son will get total 20 lakhs and daughter will get 10 lakhs. Please advise.

Thanks,

Shruti

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Quick Summary

This discussion explores whether a daughter can write a Will for inherited property, specifically bank FDs, to favour her son over her daughter. While the initial advice suggests she has the right to distribute the inherited funds as she wishes via a Will, a mention of a Chhattisgarh High Court precedent (Kachra Bai case) raises questions about excluding daughters. The consensus leans towards the mother having the right to bequeath the entire sum to her son, with the daughter unable to claim a share against the Will.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 12 May 2022

Hello,

In your case, you can write a WILL and you can give the FD amount as per your wish to your son and daughter.

Shruti 12 May 2022

Somebody told me that precedent has been set in Kachra Bai case by HC of Chhatisgarh that mother cannot write a Will favoring son, and excluding daughters on "inherited" property. If I write a Will favoring son, can my daughters challenge that in court?