• Daughters share

I am a widow mother.My husband died 14 years back. He had 3 properties.he had made no will.but they have been transfered to my name.I have 2 daughters and 1 son.1 daughter is married and other one unmarried.son is also unmarried. now only one daugher (unmarried) is harrasing me and asking to give her share and asking for separation.but I don't want to give to anybody their share right now.so my question is can I make my own will?.can my daughter (unamrried)stake claim in property without my agreement?.can I take any legal action against her if she keeps on harassing me?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

2 Answers

1) on husband demise your daughter has one fourth share in property inherited by you

2) she can file suit for partition to claim her share in property

3) you can make a will only in respect of your one fourth share in property

4) i presume your children did not execute relinquishment or gift deed for their share of property in your favour

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The Hindu succession law clearly states that all the legal heirs/successors in interest are entitled to their respective shares in the properties left behind by the deceased who is reported to have died intestate.

Therefore your sons and daughters are entitled to an equal share each out of your deceased husband's properties, which you cannot deny.

If your daughter is approaching court, then this will drag on for years and also would involve litigation cost, energy, time etc, which can be avoided if there arrives an amicable settlement among all of you.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer