A man bought 3 acres of land divided equally between his wife and 2 sons. Now the person who bought died a natural death and the wife wrote an unregistered will before her death to give the land to her 1 son only. Can the second son claim the right to his mother's land if he was excluded from the will.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
The mother can transfer only her share in the property to the person of her choice by creating a Will and not the entire property.
The second son's share will remain in tact. His share of property cannot be transferred through such a Will.
If it is done then he can claim his share in the property.
ok, Thanks. So to confirm if the mother has given her share of the property to only one of the sons through an unregistered will. Then the second son cannot claim any right on his mother's share upon her death, since the property was earned by his father. Neither can the children of this second son.
Once the property is transferred on legal heirs name after the deceased husband's/father's then every one is free to distribute his or her share to anyone.
But your brother has to get the mother's share WILL probate from court. Unless and until court did not give probate order in favour of your brother, till that time your brother won't get her share on his name.
Mother can execute will to give her one third share in property to one son
I presume will is attested by 2 witnesses
Second son cannot claim share in property bequeathed by mother to her one son
his children cannot also claim
1. Will prevails over and excludes natural succession unless will itself devises natural succession. The excluded son does not succeed to the share of his mother.
2. His children also cannot claim succession.
Your understanding is right.
Similar to children the widow of the deceased property owner is also entitled to a legitimate share in the property left behind by the deceased upon his intestate death.
This share of property can be disposed by the widow as per her own will and wish and in the manner she may decide.
Others cannot claim any share out of her share as a right.
On death of the man the property got divided into 3 shares and hence Will of the mother can apply to her 1/3rd share only. The other 1/3rd share each remains intact.
If the property is self-acquired then the property can be transferred through a will but in case the property is inherited the laws of succession come into play and the son can claim his share.
For more assistance, you can contact us at- support@ or [deleted]
Or
visit us-
- As per law, a man can transfer his self acquired property to anyone as per his wish , and none having right to claim over that property.
- Further as that man shared the property amongst his wife and 2 sons equally , then wife can wrote a WILL in favour of anyone limited to her share only.
- Further , as she has write WILL in favour of one son , then the second son cannot claim any right over that property.
