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Property issue - 1 son 2 daughters. Is mom’s will valid ?


28-Jun-2023 (In Property Law)
My father died before 2005 with out a will, and my mother died 3 years back and has a will giving her all her share to 2nd daughter. We are 3 of us. One son and 2 daughters. Will my mom’s will be valid as property was not divided till now or will the 2nd daughter get mom’s share as well.
Answers (2)

Answer #1
853 votes
We need to see the will document and property documents for which will was made. Mother will not have right on ancestral and joint family property to write a will. Then will becomes invalid. All children shall have right on property.
But for clear advice you need to share the property documents as mentioned above.
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Answer #2
561 votes
After the demise of your father all the property earned by him will automatically devolve of his wife and children in equal shares. In your case it will get divided in 4 shares 1 to the mother and 3 to the children. The one share which your mother has inherited she can make a will and give it to whom ever she wants.
Hence if she has given only her one share it will be valid
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