Is the will valid if property mentioned was sold prior to death?

My mother and myself were joint owners of a flat in Mumbai since 2006. My mother made a will in 2007 bequeathing 2/3rd of her 50% share to my sister. The property was sold in 2010 while my mother was still alive. There was no will made after that and my mother did not keep aside anything for my sister as the monies received from sale of flat were spent on property purchase and other expenses. My mother died a few months back (in 2016). My sister is now demanding her share. What is she entitled to? Is there any validity on the will for property / share that was sold during the lifetime?

Answers (2)

227 votes

u and ur mother are joint owner. as per consent both are sold property.
ur sister not ellegible. in case she is demanding her share. and as per earlier transaction was fulfilled. ur mother and you left the property after execution of sale deed. ur sister have no right to file any civil case against u.
in case ur sister file civil case then u can file application for decide preliminary issues.
she have not right to claim.
cause property is not ancestral property is belonging to self acquired property. therefore

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298 votes

Your sister cannot demand anything from you. Your mother's share in sale price, which you received from the sale of earlier flat, if at all spent for purchase of another flat in your name shall be deemed to have been gifted by her to you during her life time. Hence, since she has not died possessed of cash/bank balance and/or property in her name, your sister cannot claim any share from you.

Hope above helps.

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