• Right on making will on property transferred to mother after his death

Hi we have a self earned property of my father expired recently and its has transferred to my mother all.documents are in my mothers name. Is she have full right on making will to whom so ever she wants ?
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Yes she  legally holds the property as absolute owner and can dispose of the property as per her wish by will or any other testamentary disposition.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

After your father's death, his self acquired property should have devolved upon all his legal heirs, your mother/wife just being one of the legal heir. This, pls check if other Legal Heirs, which include you and your siblings, have relinquished their respective shares in this property in favour of your mother. If yes, she may bequeath all of thiz property by means of a will.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

On father demise your mother , you and your siblings have equal. Share in property 

 

2) if you have executed relinquishment deed or gift deed then mother would be absolute owner of property 

 

3) she can then execute will for the entire property 

Ajay Sethi
Advocate, Mumbai
100076 Answers
8172 Consultations

Hi,

As per your input, mother is absolute owner of property and she may write will to anyone as per her choice. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

After the death of the father if there is no will the property will be transferred to the mother in case The children are minor mother cannot sell the property without the no objection from the court as the children have equal share in the property along with the mother after the death of the father mother can make will only and her share in the property sea cannot make a complete will for entire property this will is contestable in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Assuming that your father died intestate and his self earned property was transferred in your mother's name.

2.  On the intestate death of your father, rights on his self acquired property would devolve equally to your father's mother (if alive), your mother and his children.

3.  In case, no release deed was executed by the other legal heirs in your mother's favour, then eventhough the title of the property is in her name, she will be entitled to only her share of the property and can execute a WILL in favour of anyone to the extent of her share in the property and not for the entire property.

 

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

See if father died without will and further also there is no relinquishment deed from all legal heirs then mother has only her share and other legal heirs that is children shall have equal share, they can file for partition.

Mother can will only her share not complete property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, As per Indian Succession Act, Including mother and childrens are the legal heirs of the property and has equal share in the property.

 

This does not mean only mother's name is inserted means she is the owner,  all children are also owner of the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If it was your fathers self earned property and he died without will then you will also have right in the same she can't solely will the same 

Prashant Nayak
Advocate, Mumbai
34740 Answers
251 Consultations

1.  IF Father demised intestate (without making any will) THEN all the property of Father must compulsorily be distributed EQUALLY amongst all the residual legal heirs of Father.

2.  Transfer of property in sole name of Mother is legally not proper and neither Mother can make WILL of said property or sell /gift /mortgage /donate /whatever .... to anybody.  ALL residual legal heirs of Father, have EQUAL rights on Father's property.  This is the Law, under Hindu Succession Act.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, If your father died intestate and no release deed executed by children, than mother have limited right on property along with children. She can Will her share only.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

if it is self acquired property of your deceased father then she can execute will. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Yes she will have complete ownership of the property if the same is transferred to your mother name through will of father. 

So she can make will of property as per her wish.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If your father was reported to have died intestate then the property shall devolve equally on all his legal heir and not on your mother alone.

The transfer of property to your mother's name may not be legally correct hence she may not be eligible to bequeath the entire proeprty in favor of any chosen beneficiary of her choice, she may be able to  bequeath only  her share of property in favor of any person of her desire and choice.

 

T Kalaiselvan
Advocate, Vellore
90279 Answers
2511 Consultations

  1. As per the information mentioned in the present query, makes it clear that your father has expired leaving behind the self acquired property which has now gone to your mother’s name, but you have not disclosed that is there any Will by your father in view of which it has been done otherwise property should have come to you all equally including your mother.
  2. If Will was there in your mother’s favour then yes she has all right to give it to anyone she feels like.
  3. Otherwise, she can’t give to anyone and you can even challenge the same transfer on your mother’s name.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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