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poonam khurana   12 October 2020

moms give property to one child......

once a property is given to the one child can another child claim it?


Learning

 2 Replies

Ishita Desai   12 October 2020

Originally posted by : poonam khurana
once a property is given to the one child can another child claim it?

Hello,

Firstly, your facts need to be clear as to what are the actual facts. The following things need to be kept in mind:

  • Whether the child who has been given the property is adopted or not.
  • Whether the mother is the step mother of one of the children.
  • Whether the children are born out of a live-in relationship.
  • What are the respective genders of the children.
  • Whether the mother is a widow.

Each type of scenario had a different set of laws. 

However, the mother can execute will bequeathing property to only one son.

It is only after the death of the mother that the legal heir can claim the share to the property. That is if she is the owner of the property.

I hope your doubt has been cleared.

Regards,

Ish*ta Desai

Law Student

 

Abhishek Gautam   18 October 2020

totally depends on what kind of property it is. if it's a coparcenery prorperty , another child have claim since mother cannot straight away give it but if it's the property of the mother and her share only ... then she is free to do anything with her share.

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