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Does a daughter have a right in fathers property after fathers death.
31-Oct-2023 (In Property Law)
My father, a hindu, has a self acquired property(a house) and he passed away few months back. Before he passed away, he had written a will which has been registered in the court. As per the will; after his death the house needs to be transferred on my mothers name and after/when she passes away, the house needs to be transferred onto the sons name. In the will it is also mentioned that the daughter had already been given the equivalent of the value of the house on two occasions(a) During marriage and (b) when the daughter demanded additional money. My father has two children. one boy and one girl child. Both children are married. The mother is alive and the son is taking care of her and her living expenses. Given the above, Pl advise if the daughter can have any share/claim in the house while the mother is alive or after she passes away.
Hi,
As your late father made a will before he passed away, the property will devolve on to your mother and after your mother's demise on your name. Immediately transfer the property on your mother's name and get it registered. Your sister does not have any claim towards the property as per the will while the mother is alive or after she passes away.
As your late father made a will before he passed away, the property will devolve on to your mother and after your mother's demise on your name. Immediately transfer the property on your mother's name and get it registered. Your sister does not have any claim towards the property as per the will while the mother is alive or after she passes away.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
You should get the WILL Probated in court of Law.
As per the WILL, the property will pass on to your mother and after her life time the property will pass on to the son.
However once the WILL Is probated and property passes on to your mother, your mother should execute a WILL in your favor so that in the event of your sister claiming that the property is absolute property of your mother vide section 14 of Hindu succession act, then the WILL written by your mother can act as your insurance.
Since it is a testamentary succession, daughter cannot claim a share when the property is transferred to your mother.
However if your mother does not write a will, the daughter has a right to claim a share.
You should get the WILL Probated in court of Law.
As per the WILL, the property will pass on to your mother and after her life time the property will pass on to the son.
However once the WILL Is probated and property passes on to your mother, your mother should execute a WILL in your favor so that in the event of your sister claiming that the property is absolute property of your mother vide section 14 of Hindu succession act, then the WILL written by your mother can act as your insurance.
Since it is a testamentary succession, daughter cannot claim a share when the property is transferred to your mother.
However if your mother does not write a will, the daughter has a right to claim a share.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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