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Can mother assign subject matter of will to some other person
03-Jun-2023 (In Property Law)
We have a 3 storied house in . In 2011 my father deed gifted the ground floor of the property to my mother. I was not made aware of the same. Is it legal to do a deed gift without intimating me (being son)? My father expired in 2014. I came to know about the deed gift recently few months back from a 3rd party. When I asked my mother regarding this she confirmed the same. Recently I also came to know that my mother is planning to do a will on her portion to an external person. She has consulted a local lawyer. Can she do a will on her portion of the property without intimating or including me?
A person being the owner of any movable and/or immovabl property can dispose off by making a WILL . It is not necssary that the will has to be made in favour of his/her son/daughter. Will is effecitve after the death of the maker of the Will. You can challange the same when Probate is applied for a Will whereby you cna challenge the entire Will
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Yes. Off course she can. A person who has the right , title interest over a property he/she is the absolute owner of the property and he has the absoute right of any transfer (sell, will, gift lease etc). There is no necessary criteria to inform his legal heirs about the transfer.
Thank you.
For further details you may consult any civil lawyer.
Thank you.
For further details you may consult any civil lawyer.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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If the property referred here was absolutely owned by your father ,he within his legal right gifted a portion of his property to his wife. However Registration of gift deed is a basic legal requirement.Merely, being a son, you have no legal right in the matter.However,you may check whether the gift deed is registered in accordance with the law and whether mutation action in the name of your mother stands completed.
If findings​ are possitive,she is the absolute owner of the referred property and she is entitled to take recourse to any lawful action in respect of such property.
If you desire to proceed further in the matter contact lawRato.
If findings​ are possitive,she is the absolute owner of the referred property and she is entitled to take recourse to any lawful action in respect of such property.
If you desire to proceed further in the matter contact lawRato.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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It is pertinent to mention here that during the course of his life time your father gifted out the property in favour of your mother which he can and no law can prevent him for doing so. Now your mother who has received the property from her husband have the sole and absolute right to deal with the property at her own sweet will , neither her children nor her relatives may restrain her for doing so. Hence it is not required that your mother shall intimate you for the will which she intend to grant.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ 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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