• Mother wants to give property to one son only

My mother got a property of house by a thana setialment (gift) at 1955.from my grand Mather. now this time she wants to write will about those  property to only one son.because he is care taker of my mother. but we are 3 brothers and 4 sisters. how can my mother give the property to single prison. legally we have equal right or not pls ans.
Asked 2 years ago in Property Law from Tiruchirappalli, Tamil Nadu
Religion: Hindu
1) once gift deed is made your mother is absolute owner of the property . 

2) she can execute will bequeathing property to only one son 

3) it is only if she dies without a will would each legal heir have 1/7th share in property
Ajay Sethi
Advocate, Mumbai
31011 Answers
1698 Consultations

5.0 on 5.0

1. If your grand mother made a will of the property in favour of your mother then your mother has become the owner thereof.  However, the will should be probated as in the absence of probate a will has scrap value. 

2. After the probate of the will your mother can proceed to make a will of the same according to her desire. She is at liberty to make the will entirely in favour of one son by ignoring her other children. 

3. None of her children has any right to claim a share or equal share in her property. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

1) your mother is absolute owner of the property .

2) once grand mother executed gift deed your mother became absolute owner 

3) the will will take effect only on your mother demise . 

4) dont file case against your brother if your mother wishes to bequeath property to your brother 
Ajay Sethi
Advocate, Mumbai
31011 Answers
1698 Consultations

5.0 on 5.0

Hello,
1) If the property of your grandmother was an ancestral property then the gift she made to your mother is not valid. That's where all children will have equal rights and you can demand a partition after your mother's death.

2) If the property was self acquired by the grandmother her gift to your mother is absolute.
No one can question it and she can dispose it the way she wishes. If she gifts it to only one of her sons no one can file a suit against the same or seek a partition.

3) Therefore all depends on how the property came to grandmother. The gift freed needs to be registered.
S J Mathew
Advocate, Mumbai
2036 Answers
86 Consultations

5.0 on 5.0

Hi, it is a self acquired property of your mother she can make will to anybody you have no right to challenge the same.
Pradeep Bharathipura
Advocate, Bangalore
4256 Answers
160 Consultations

4.3 on 5.0

1. You have no right on the said property of your mother during her life time, legally or otherwise,

2. Your mother can do whatever she wants to do with her said property legally without caring to give anything to you,

3. If she demises inteatate, you can claim share of her property,

4. Not when she writes an will in favour of any body.
Krishna Kishore Ganguly
Advocate, Kolkata
14435 Answers
325 Consultations

5.0 on 5.0

1. You have already stated that your mother was gifter with the property by your grandmother,

2. Even if it was not gifted to her, she became its absolute owner as the legal heir of her mother (if there was no other sibling of her),

3. In any case, you have no right on the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
14435 Answers
325 Consultations

5.0 on 5.0

Your mother is the absolute owner of the property; she can transfer the property as per wish. After her demise you can challenge the will if she execute in favour of your brother alone. If he is not probate the will properly  it has only scrap value.
Ajay N S
Advocate, Ernakulam
2183 Answers
26 Consultations

5.0 on 5.0

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