• Can a Son have the right on mother's property if a will is made on the mother's property and donated

Can a Son have the right or claim the mother's property, if the mother's make a will on her gifted/inherited property and mother donates the same property to any trust or society.
Asked 2 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

Only tothe extent of mothers share son will have share 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Property gifted to mother is her absolute property 

 

she is at liberty to execute gift deed for her property 

 

as son you have no rights on said property 

 

you can challenge gift deed if mother was not mentally fit or gift deed executed u der coercion or undue influence 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

The property whether inherited or self acquired becomes your mother's own and absolute property, she can dispose her property in any manner and to anyone of her choice which cannot be restricted or objected by anyone for any reason.

The son cannot claim any share in it as a right.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2497 Consultations

Son has no right of inheritance on any property of his mother if she transfer the title inter vivos or through testament. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Depends on execution and at what period WILL was executed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

- If the mother has got that property by way of gift or partition from the inherited property , then after receiving the same , it will considered as her self acquired property 

- Hence, being the owner of the self acquired property she was having her right to donates or transfer the said property to anyone including the trust or society , and none having right over the same. 

- The son has no right over that property , except to challenge the said transfer before the court against the  trust. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Client,

 

If a mother writes a will, it usually specifies how her assets are to be allocated upon her passing. If the conditions of the will do not conflict with public policy or existing laws, they should be complied with. The terms of the contribution will also be important in determining ownership and rights if the mother decides to donate property that she has inherited or been given to a trust or society. and the trust or society will get it largely.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If it is the mother's self-acquired property or her specific, absolute share arising out of any partition or family settlement, the son has no legal claim. The mother shall be free to deal with it in any manner she desires.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

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