Only tothe extent of mothers share son will have share
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.
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
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.
Son has no right of inheritance on any property of his mother if she transfer the title inter vivos or through testament.
- 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.
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.