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Ashok Kumar (Consultant)     30 May 2016

Daughters right over mother's property in tamil nadu

My mother had purchased a property from Tamil Nadu housing Board in 1969. She passed away in 2012.

After she passed away, my two sisters produced a Will on a plain piece of paper, which stated that she has willed the property on all the three children. And it seemed the will is not propbated. Both my sisters have been married in the early 80's. I was married in 1987. 

I would like to know after the amendment of the 1989 Inheritance laws in Tamil nadu for daughters, whether they have a legal right over the property. 

 



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 7 Replies

Kumar Doab (FIN)     30 May 2016

Does the said law cover property that has devolved from Mother?

Which personal law applies here e.g; Hindu Succession laws?

 

G.L.N. Prasad (Retired employee.)     31 May 2016

Mother has acquired the property through her income and bequeathed such self acquired property through a will which need not be registered, but can be challenged.

(The amendments if any is on share of daughter in  ancestral property and the self acquired property bequeated through a  written will wasl never altered)

GANDHI MOHAN BHARATI (Pensioner)     31 May 2016

My opinion is that if the house is self earned property of your mother, she can will it anyway she likes. Will need not be Rgistered. If you wish to contest the will, consult an advocate on the grounds on which you wish to contest. Otherwise, go by the will.

Ashok Kumar (Consultant)     31 May 2016

In the absence of a will, what does the Hindu Sucession Law state ? Do the daughters still have a share in the Mothers"s property, along with the son, or the son alone inherits. And if the daughters were married much before 1989 and before the amendment, do they still have a right?.

Kumar Doab (FIN)     31 May 2016

It seems that the property purchased by Mother is self acquired.

Mother can leave a WILL.

If the WILL is not valid then self acquired property of Hindu female shall devolve upon her husband and children.

If the WILL is valid then  property in the WILL of Hindu female shall devolve upon beneficiaries mentioned in the WILL.

T. Kalaiselvan, Advocate (Advocate)     04 June 2016

If the will is genuine and you agree to the same then there is no problem about the will however if you have a doubt it then you may ask them to get probate of the said Will. 

Dont get confused over the law of inheritance by the daughters about the mother's property and also do not take any hasty decision without consulting a lawyer in this regard.

Kumar Doab (FIN)     04 June 2016

The inheritance from mother is well explained in Hindu Succession Act and may not be confused inheritance of daughters from father and apex court judgment on it.


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