Son's and daughter's right on deceased father's property

843 votes

There is no mention of whether the property is ancestral or self acquired by the father(husband).
If the property has been purchased by the father(husband), it is a self acquired property.
In case of self acquired properties children, grandchildren will not have any legal rights to claim a share.
Since the mother has made a will and has shared the property among 3 sons there is no issue about this.
As there is a mention of certain sum of money to be given to deceased son’s daughter in the will, this needs to be certainly given once the will comes into effect. The will comes into operation after the testator’s ( mother’s) death.
The deceased son’s daughter has no right to claim a share in the property. However, this holds good only if the property is self acquired by the father.
However, if the deceased son’s daughter makes any claim or disturbance, you can move the court to bring an injunction restraining her from doing so.
Dr Gubbi S Subba Rao, Advocate, Bangalore

Advocate Dr. Gubbi S Subba Rao LawRato

613 votes

firstly when husband died his property should have been divided equally between his wife and 5 sons, further if the kathha is not transferred through registered deed then it is invalid, hence the deceased sons daughter and his wife will get the deceased 1/6th share in property, as the transfer made of mother's name not valid as it is done by unregistered deed, if is done by registered deed then yes the amount is to be paid as per the will.

Advocate Bharat Narasgouda LawRato

938 votes

Husvaqnd died without making a will, his legal heirs are wife and 5 sons, 5 sons gave NOC to transfer the property in the mother's name. If the situation is like this mother cannot be the absolute owner because if any property worth more than Rs.100 cannot be transferred to any person without any regd., document.
In this case deceased son's daughter can claim her share in the sahre of her father because it is an ancestral property to her.

Advocate Rajeev S Vadrali LawRato