Can mother make a Will of the property transferred to her by my father

937 votes

After the death of your father you along with your sister and mother are having equal share in the property. Your mother can make a will of her share and can give it to anyone . You are having equal right along with your mother and sister and you can claim partition seeking your separate share.

Advocate Sameer Kumar Shrivastava LawRato

569 votes

The share of your father in the ancestral property, could have only be distributed among himself, you and your mother. Because this property is a coparcenary property and your father has passed away before 20 December 2004, so the transfer only to your mother is illegal and your sisters have no share in it.

Your mother cannot rightfully dispose off the property. If she is disposing off then you can get a stay order on this. Your father could only make a will of his share as coparcener.

Advocate Sandeep Naik LawRato