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


21-Mar-2023 (In Wills / Trusts Law)

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?

Answers (1)

Answer #1
305 votes

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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