• Daughters rights to mothers property on death

my parents got divorced about 15 years ago. and in the divorce settlement my father gave a flat to my mom which was acquired by my fathers income and savings. After divorce my mom sold that flat which was in mumbai and bought another flat in Delhi from the same funds. 

she passed away recently and in her will she has given the entire Delhi flat to my brother. excluding both my sister and me from this property. 

As daughters do we have a claim to this property as it was acquired by our fathers income? can we challenge this.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

See the property was given as divorce settlment and has status of self acquired property it is immaterial that it was acquired from your father's earning as the property of hindu women is her sole property and she can gift will sale according to her wish so the will made by mother is valid and you don't have any right on property

In case there was no will you all had equal share since there is will the property shall be distributed as per will and you have no right even if you challange it the suit will get dismissed and there shall be no profitable outcome.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

flat was given by father as part of divorce settlement

2) mother was at liberty to sell the flat and buy another property

3) she could bequeath flat to your brother

4) you would not have any share in property bequeathed to your brother

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Since the property devolved on your mother by way of divorce settlement it becomes her self acquired property. As such she can give to anyone she wants. As you.mentioned she sold old property and purchased new property she can write a will as it's her self acquired property. As such you people have no right on her property since she has done a will.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You need to make sure whether the will of your mother was genuine or fabricated. secondly, yes you can challenge on that ground !!

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

By what mode, flat was transferred/given to your mother.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In your case your mother created a will and as per will she transfer the share to brother after her death. In such a situation first you have to challenge the will and file a suit for partition. You can also prove the property own by mother by the amount given by father. If you can win to disprove the will the right over the property will distributed among all children's . Please do understand that mother has at liberty to sell the flat as per her own wish.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0


Now you and your sisters have no right in that property because your mother made a will

before her death. And in law will is the last words of a deceased person.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. The mumbai flat received by your mom upon divorce becomes her absolute property

2. She sold it and purchased another Delhi flat

3. The Delhi flat is also her absolute property

4. So she can deal with the same in any manner she deems fit including by way of Will

5. So daughters cannot claim in this flat

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You would not have any claim to your mother's property as the property had devolved on your mother through divorce settlement and therefore, would be treated as Self Acquired Property of your mother.

She has right to dispose off such property as per her own wishes and you cannot claim a share in such property as per law.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

But the will's genuineness should be thoroughly verified.

Also tell me as to whether the will was registered or not?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

yes. u can.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

I am sorry as there is a will to support the transfer and it may not be good to have claim on property which do not fall under the category of ancestral property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) No, you can't challenge Delhi property as its totally self owned by your mother and she had transferred the flat as per WILL to on your brother.

2) Actually you all sisters should have raised this issue at the time of selling Mumbai flat and ask for your share or at the time of making WILL for Delhi flat.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

as per law, you have equal rights in the property. However there is WILL executed by your mother, who was the absolute owner of the property under section 14 of succession act. In order to get your claim on the property, you need to file a suit for declaration declaring the said WILL as null and void.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Since the property belonged absolutely to the mother, she had full rights to dispose the same in the manner she desired.

After that she purchased another proeprty to which, again she became the absolute owner, therefore the same law that she being the absolute owner, she has full rights to dispose the same in the manner she may desire and decide and to the person of her choice will apply.

Therefore the daughters or anyone, shall not have any rights ion the proeprty and they cannot question the authority of their mother in this regard.

Dont rush to any court seeking any relief becasue no case shall be maintainable nor you will get any relief in this regard.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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