If a will or gift is made in favour of two daughter then others has no right over it. Under the hindu succession act a women if receive property by any means she is absolute owner of same. So mother is absolute owner and therefore she is free to dispose the property on its will.
Daughter rights on her mother's property
My mother has a land which was gifted by her fahter-in-law. Recently my mother made a gift will to her two daughter names. But we have 4 daughter and one brother. Have I any right to claim this property.
Asked 7 years ago in Property Law
Religion: Hindu
16 Answers
Dear Client,
What do you mean by gift will ? GIFT and WILL.
Well, she is absolute owner and in her life time, she can give her land to any. Only after her intestate death, all children could have equal share.
Itvis not ancestral property
mother is at liberty to bequeath property to only 2 of her daughters if she so desires
your mother is the absolute owner of the property she can transfer her property to anyone she has the right to give to anybody. You don't have rights to claim in said property. If it is ancestral then all sibling have equal rights to claim in property.
Dear Madam,
Your mother has every right to gift her property as she wish as it is her Streedhana. You have no right to claim her property.
1. IF property was received by "Gift Deed" by Mother from Father-in-Law, THEN the Gifted property is within the legal definition of "self-acquired" property. Hence now Mother derives absolute title-ownership rights to Gift /Donate /Transfer to anybody without any reference to any other legal heirs, whosoever. PROVIDED the mother is mentally stable.
2. Other Legal Heirs CANNOT claim any right over such Gift property of mother.
Keep Smiling .... Hemant Agarwal
No
you get right only after your mother passes away and provided she has not disposed of her property by others means like Will or gift
as she has already made a Will, you do not even have any right after your mother passes away
1) Need to check your mother's father-in-law, who is your grandfather has selfowned property or inherited property from his ancestral.
2) If this gifted property by grandfather is ancestral or selfowned?
a) If it's selfowned than you don't have any legal rights in it.
b) If it's ancestral property than you all siblings have equal share in it, nor your mother or grandfather can gift this whole property to anyone only both can gift their respective shares to individuals they like.
Hello,
1) The property is not an ancestral property and therefore all daughters don't have any rights unless it is given by the mother.
2) The mother is at liberty to gift it to any one or transfer as she wishes. The other daughters or son cannot dispute it or make any claim.
Your mother has absolute right on the property as it is not an ansestral property.
She can give the property to anybody oror dispose the property in any manner which she thinks fit.
Eventually the remaining children will have no claim under property
The property that your mother inherited or acquired shall become her own and absolute property. In that nobody including the current beneficiaries do not have any share as a right.
Your mother can take a decision to dispose her property in any manner and can give it to anyone of her choice.
Neither you nor anyone has any rights over it nor to question her authority on it.
If during her lifetime she has made a gift deed in favour of two daughters then as a matter of right you can not stake any claim on the same.
the same will be her self acquired property and she can use the same as per her desire.
regards
Your mother can gift her land to any one you can't claim when she is alive
She can gift any one or two or any other person it's depend on her
She having absolute right over the property, you cant claim
After her death any property on her name equally distributed to her legal heirs
if that her self acquired property after receipt from her father in law then you don't have any share if its ancestral then surely you can contest the same
1. The land which was gifted to your mother became her separate property which is at par with self acquired property. So she was at liberty to gift or will it to anyone she desired.
2. You can challenge the will/gift by your mother only on the ground that it was not executed by her with free consent.
1. The said property is owned by your mother.
2. She can gift it to any body she wishes to including or excluding yourself.
3. After her demise, you can challenge the said gift deed alleging that it was registered under coercion and influence praying for its cancellation.
