• Can a daughter inherit property from her mother's inheritance?

My mother has inherited a property in Kanataka from her father several years ago. Apart from this property, another large property, also in Karnataka, was given to her and her 3 siblings by way of a court decree. Both these properties were self acquired by my grandfather.

Now, my mother wants to bequeath / will her share in the joint property and the other property she inherited fully to my brother. Is she well within her rights to do so? Do I have any legal rights at my end to challenge this.

Thank you.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
The law says that any property in the hands of a married women becomes her own property and she has full rights to dispose the same in any manner she may desire so. Therefore she is very well legally right in her decision to transfer her entire properties to her son by gift deed or by will or any other method she may prefer to do so.  Since legally you cannot claim any right over the same or can stop her from going ahead, an amicable situation and talks by including some elders of the family may bring some respite to you, try to rope in some elders to bring some solution to your desire. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Your mother is at liberty to bequeath her share in the inherited properties to anyone she desires. Her right to do so is unquestionable.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) your mother is absolute owner of her property 

2) it was self acquired property of your grandfather which was inherited by your mother 

3) your mother can bequeath the property as she pleases 

4) you have no share in said property 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. Your mother, being the beneficiary of property given to her by her father, which is a self-acquired property of your grand father, becomes the absolute owner and she will be within her rights to give it to anybody, including your brother.
2. However you can challenge the gift deed executed/to be executed by her , as also the WILL to be executed in your brother's favour only, depriving you.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) if any will is executed by your mother she can always revoke it during her lifetime 

2) your mother is of sound mind and is not suffering from any mental illness 

3) she can by will bequeath property to her son . it has to be attested by 2 witnesses 

4) on your mother demise you can challenge the will on grounds of un due influence as your brother manipulated your mother in such manner that entire property was bequeathed to your brother .
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
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1. First of all the contents of a WILL takes effect after the death of the testator and should be attested by two witnesses.
2. The question of challenging the WILL arises only after the death of the testator and the testator can change the contents of the WILL, write a fresh WILL any number of times and the last WILL will only be considered after the death.
3. Whether your mother has already executed the WILL in favour of your brother only?.
4. Why can't you convince your mother based on the points you have mentioned in the letter like your help during her health related issues and also your looking after her during crisis and convince your mother to share her property to you also, alongwith your brother, when she executes the WILL.
5. Even though your mother is not mentally ill, according to you, she suffers from a personality disorder and is emotionally unstable, do you have any evidence of medication relating to her personality disorder and unstability, like medical prescription, medicines used, hospitalised for such reason, etc. so that the same can be used as evidence in future, in case of you want to challenge your mother's WILL after her lifetime.
6. To conclude, I sincerely feel that somehow you should convince your mother to share her property to you also, by way of Gift Deed during her lifetime or through execution of a WILL, which takes effect after her lifetime.
7. In case your mother does not execute the WILL during her lifetime and dies intestate, then all the legal heirs, i.e., your father, you & your brother will get 1/3rd share in your mother's self-acquired property.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Dear Querist, 
You must understand one thing that there is no place for sentiments in law. You might have serviced your parents through out your life, but say whether you are expecting reward in the form of property for the services you have done to your own parents.  It becomes your filial duty to take care of them  Hence you cannot claim anything in return by force quoting your duty towards them.  The sentimental issues cannot fetch you an entitlement fora share in your mother's property and as I told earlier, I reiterate that having absolute title in the property, her decision to transact with the property in the manner she chooses cannot be challenged.  She is the absolute owner of the property hence she can legally transfer the property in favor of anyone of her choice, if you are not satisfied with this opinion, you may consult any other expert lawyer in your locality. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Every will is open to challenge in a court of law, but not all the challenges succeed. There has to be a legal ground to strike down the will as illegal.

2. That you looked after the well being of your mother whereas your brother shirked his responsibility does not render the will as illegal.

3. The will made by your mother is perfectly legal.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Your mother is the absolute owner of the said property,

2. She can do what ever she wants to do legally with her said property,

3. You have no right or claim on her property during her lifetime.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. Doing works for your mother including running errands do not entitle you share in your mother's property,

2. While bequeathing her properties to her son, your mother does not have to show any rationale for her said decision. She needs to be just mentally stable for legally writing a will before two witnesses,

3. However, if you can prove lateron that she was mentally unstable hence legally unfit to  write a will, then you can challenge the said will after your brother applies for probate of the will on demise of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0

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