• Rights of wife on the property , that would come to her from her husband, after his death.

My father expired recently. We are two siblings. Me and my elder sister. My father has building. Therefore, each of us are entitled to one third (1/3) of the property. My sister wants to sell the property immediately. She believes that, she would get my mother's share also, as my mother likes her and does not like me. I want to wait for few years, so that the value of the building increases. Now, my elder sister is insisting my mother to write a will that, if she dies before the building is sold, 2/3 portion of the sale price, (when ever the building is sold )should go to my sister. Will such a will, be legal?
Asked 1 month ago in Property Law
Religion: Hindu

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12 Answers

Mother can execute will bequeathing her share in property to your sister if she so desires

 

2) will should be attested by 2 witnesses 

 

3) mother is at liberty to revoke the will and execute fresh will if she so desires during her lifetime 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Jewellery constructed mother stridhan 

 

she is at liberty to sell it and give sale proceeds to your elder sister 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

- As per law, after the death of your father , his property would be devolved upon all the legal heirs equally i.e. your mother , you and sister will have 1/3 rd share in the property. 

- Further , your mother after getting her 1/3rd share can transfer the same to anyone as per her wish including your said sister . 

- However, if your mother writes a WILL in favour of her daughter , then she will have to right to claim during her life time. 

- Further , your mother having right to sell all her jewellery items , and transfer the sale proceed to anyone.

Mohammed Shahzad
Advocate, Delhi
6270 Answers
64 Consultations

5.0 on 5.0

Its totally depends upon your mother's wish that whom she wants to give her share property. If your sister wants to sell her share property and you do not want to share property then you can claim objection on selling the property partly and plus can claim first that you want to purchase sister's share and mother's share property too.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Your mother can write a will which will be valid and she can sell her jwellery also. You cannot stop her from giving things to anyone she likes. You have 1/3rd share and you can own that only. If you do not want to sell your share then others can sell their share and you can keep your share. In case there are hurdles in selling if you do not agree then they have to wait. They can not force you. 

Gopender
Advocate, New Delhi
351 Answers

4.9 on 5.0

Dear sir,

If the property is in the name of your mother, she can make a will. However you are entitled for an equal share in your mothers part of the property. 

Remember, Any self acquired property can be gifted to any person. However if it is an ancestral property (in case of Hindu) then the said property can not be gifted, you being one of the legal heir, entitled for a share in the ancestral property.

That's where all children will have equal rights and you can demand a partition after your mother's death. 2) If the property was self acquired by the mother her gift to your sister is absolute. If she gifts it to only to her daughter no one can file a suit against the same or seek a partition. but since the jewelry was given to her by your father, you can claim the right over it equally. 

 

what you can do is,

send them a legal notice for the same,

later file a civil suit against the unequal partition.

 

Remember:

son has no legal right in the self-acquired property of his parents, unless he has proof of contribution towards the acquisition of the property. He may be allowed to use the property on permission from his parents, but they are not obligated to allow him to live there.

 

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review.

 

 

Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

A Will written observing the procedures is very much valid.

Your mother can bequeath her share in the property to your sister by a Will which you cannot object or prevent. 

The Will is very much legally valid 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

The jewels that your mother got as gift from your father or anyone shall become her own property which in legal terms called as stridhan.

Streedhan includes all movable, immovable property gifts etc received by women prior to marriage, at the time of marriage, during child birth and during her widowhood 

The word Streedhan means the property belonging to a woman. As observed in Rajamma's case, a gift given to a Hindu woman before and after her marriage constitutes woman's property.

Thus there is no restrictions on your mother to sell her property and give away the sale proceeds only to her daughter ignoring her son.

The son cannot object or seek a share as a right in it. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Since your mother has 1/3rd share in the property she can transfer her undivided share in favour of anyone including her daughter in which you have no right of objection. 

Your mother can give her all jewellery to your sister as well. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Yes it is valid and to be proved before the Court of Law. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1882 Answers
8 Consultations

4.9 on 5.0

If the property is mothers self acquired then ots legal otherwise it's illegal. She can only will her share not the other legal heir share from common share

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Yes such a Will, will be enforceable and legally binding upon you. However for you to prove that the Will is invalid you shall be required to show that the same was made out of coercion.

Garima Anil Mehrotra
Advocate, Mumbai
512 Answers
1 Consultation

4.9 on 5.0

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