Yes, mother is free to transfer this property by way of will/gift to the only son because this will deemed to be a self acquired property of your mother.
Gifting a property
My grand father acquired a property in the name of my grandmother. After the demise of my grandmother the property was transferred jointly to my grandfather & father (only child of my grand parents). After the demise of my grand father, the property was transferred in the name of my father alone. Father before death made a will to transfer this property to my mother & accordingly it is transferred after the death of my father. I would like to know whether my mother can make a will or transfer the same to only one son ignoring others. If so, what legal action can be initiated. It should be now or after the demise of mother.
Asked 6 years ago in Property Law
Religion: Hindu
20 Answers
Yes mother is sole owner of the property she can accordingly transfer the property as per her wish and can will same to son she wish. No suit against same is maintainable.
1. Yes, property belonging a woman is considered to be her exclusive property only.
2. In that context she can transfer this property to anyone she likes either during her lifetime or after her death.
3. So even if she does intestate succession or transfer inter vivos , you can do nothing.
mother can execute will bequeathing property to one son only
2) it is not ancestral property
3) in alternative she can execute gift deed during her life time
If the said properly had share of father then mother can only transfer her share to you. Rest she will need others consent
Mother is sole owner and she give her property to any of her choice. She can gift in her life time or after her death through WILL.
NO special procedure require. Deed/WILL will execute mentioning how she acquired property and by her free wish she is giving/gifting/bequeathing her peropty to this child and disowning others from any claim after her demise.
In continuation to my first question, I would also like to know that in case my mother makes a will in favor of one child only then can other children claim for the property after mothers death?
Asked 6 years ago
No.
1. Property received by Mother via a WILL deed, is now classified as her "self-acquired" property and Mother is legally entitled to execute a registered Gift Deed, to her choice of the Son/s without any legal reference to other legal heirs.
2. Gift Deed can be executed only while still being alive and such Deed shall remain legally irrevocable. WILL document will be effective only on Mother's demise and can be challenged in a court of law (even on some silly pretex)
No, they can challenge the Will provided the Will is validly executed.
No, they cannot claim. It is advised that you get this will registered though.
other children have no share in property as it is not ancestral property
they can file suit to claim share but may not succeed
No if there is will then in that case no claim by children maintainable.
property stands in your mother's name and she is sole owner she has every right to transfer the property to anyone she desire. if she executed a will , Once death occurs, the executor should file the will in court to begin the probate process.
other children's have no share in said property.if it ancestral then other children can claim.
Hi
In case if a person bequeath his / her property by way of WILL the same will be operative after their demise.
Case on hand, your mother can bequeath the property in favour of one child by way of WILL (it is her discretion).
As the said property is not ancestral property, other children cannot have share in the same.
It is your mother's sole discretion either to Will / Gift.
The Will becomes operational only after her demise.
You can question the same, but the chances of your success are minimal.
Better option could be, have one-to-one dialogue with your mother and others and try to settle the issue amicably.
She can make will for her share only not others
Yes your mother can will or gift the property to only one son ignoring others and no legal action can be taken against this decision of your mother because the property is now considered as self acquired property of your mother.
Since your father transferred this property to your mother's name, she becomes the absolute owner with clear and marketable title to her name.
Therefore she can very well transfer this property to anyone of her choice during her lifetime by executing a registered deed.
Nobody can question her authority over this property nor they can claim any share in it as a right.
The other child, for the sake of somehow getting a share in the property ignoring the fact that this property was transferred by a testamentary disposition, may file a partition suit claiming partition and separate possession of a share in the property
This may unnecessarily delay the process of acquiring the property.
- As per the information mentioned in the present query, makes it clear that the nature of the property in the hands of your mother is her self acquired property as received by her husband.
- She can execute the will in the favour of anyone she feels like.
- No one can put a question on her will, though there are chances that others would object to it by saying a forge will.
- But, if you get the will registered before her demise and executed immediately after the death of the father then eventually you would succeed.