Can My Mother Makes (Will) Of Property Which She Got After Father Die


My father died without making will. Now property got three shares(me+mother+brother). I have some disputes with my wife. I don't have any child. That's why i made relinquishment deed in favour of mother. Now question is, if my mother makes will of this property(her+ mine) in favour of my brother's son. Can my wife claims to this property after mother death.

Answers (3)


311 votes

yes your mother can make a will in the favour of your brother's son once it is in her name . Since her share of the property is in her name in both cases, she is full owner of the properties as perHindu Succession act. She can dispose off the property to the person she likes.
for detailed advise with specific facts you may contact me.


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74 votes

Hello, I have perused you query.

In the circumstances where your father died intestate or without executing any will, the said property will be equally divided among all of his class one legal heir.
Further, your mother can only make a will in respect to her share in the property. In case you have relenquished your share in favour of your mother then she will become entitled to your 1/3rd share as well. Your wife in such a scenario will not be entitled to anything out of the said property.
Also, if your mother dies intestate or without executing any will then her share i.e. her existing 1/3rd share plus your relenquished 1/3rd share will go to the surviving legal heir as per the Hindu Law of Succession.

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127 votes

Hi,
Going by the facts provided by you,
I would advice that you have done a perfect job of relinquishing your right. If your mother writes a will make sure the same is registered otherwise it will be of no use.
Secondly nobody can stop your wife from asking for claim in the property but it wont be a strong case as you have voluntarily relinquished your right and your mother willingly wrote a registered will on your nephews name.

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