Can son object the sale of property by mother Willed by father to her?


X Got a vacant plot by way of a will from her husband (He self acquired it ).She sold/gifted out the same property in 2010.

Now, if some of her children have any objection to the Sale/Gift deed she made, should they have to file cancellation suit on the sale/gift deed ?Or first they have to challenge the will and win separately and then only can oppose the all ready registered deed?

Answer

As we understand you situation, the property sold/gifted by x is her absolute property.

Section 14 in The Hindu Succession Act, 1956 specifically states that such property acquired by way of gift from her husband shall be her absolute property. X has every right to dispose of such property in whatever way she likes. 

Therefore her children do not have any right to challenge such sale/gift.

 


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