One Mrs. Banu bought 1 acre land in 2000. she has two son A , B and one daughter (C) In 2011 , she registered one will in sub-register office , that will represents she has given her property to her two sons(A and B) only . Mrs. Banu expired in 2012. A and B gifted their portion of land to their sons, and sold other portions to third persons my question is 1) whether daughter (C) of Mrs. Banu can claim her share in this property . 2) whether any challenge for the third persons who bought land from A and B.
1. Since the property was the self acquired property of Mrs. Banu, she was within her legal rights to have executed WILL in favour of her two sons A & B only and not giving anything to her daughter 'C'.
2. The daughter of Mrs. Banu can challenge the execution of WILL that it was done under duress, threatening, etc.. and claim for her share.
3. If the daughter of Mrs. Banu initiates legal action, naturally the buyers of land from A and B also have to fight.
Daughter has no share in property as per her deceased mother will
2) it would have been advisable to apply for probate of will
3) probate is judicial proof that will is genuine
1. No. Daughter C does not have any right nor claim in self acquired property of mother which your mother had bequeathed through WILL in favour of her two sons.
2. No. There is no challenge except the circumstances if so prevail.
If baby has not given anything to daughter from her self acquired property then she can’t claim it. Only if she would have does without will then daughter was entitled
This appears to be self acquired property of Mrs Banu, hence she can transfer her property to anyone of her choice.
There is no compulsion on her to give any share to any particular child and she has rights to ignore any particular child without assigning any reason for her acts of ignorance towards any particular child or children.
Thus the daughter C cannot claim any share in the property as a right.
Dear Client,
The Hindu Succession Act allows an individual to make a will to dispose of their property. If the will is validly executed, it can determine how the property is to be distributed. However, there are legal provisions for daughters to claim their share in the ancestral property. The Hindu Succession (Amendment) Act, 2005, brought significant changes to the inheritance rights of daughters. Under this amendment, daughters have equal rights as sons in the ancestral property. This means that if Mrs. Banu passed away after the amendment came into effect, daughter C would have a legal right to claim her share in the ancestral property, irrespective of what the will states. If A and B sold or gifted portions of the self-acquired property to third persons, the validity of these transactions might be less likely to be challenged by daughter C, as the property is not considered ancestral.
1. If the Will was validly executed then C not being the beneficiary of the Will can not succeeded even if she challenges the Will.
2. Same as above.
1. Since, that property was purchased by Mrs. Banu , then being the owner of the self acquired property she was having her right to transfer the same to her two sons by way of Will
- Hence, daughter C has not right to claim over the same.
2. No
1) The registered Will shall prevail in the eyes of the law. The daughter C shall not have any claim.
2) No, unless the Will is challenged in court and is declared not valid.
