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WILL is in son's name.can daughter claim her share in this property?


16-Jun-2023 (In Wills / Trusts Law)
The said property is a residential property which was purchased by my father in 2003 in joint name with his wife( my mom)This property is his self acquired property. My father died in 2011.He had already made a Registered WILL in which he mentioned that all movable and immovable property will belong to his wife(i.e my mom) after his demise. So after the death of my father, my mother became the sole owner of the said property by virtue of WILL and his death Certificate.I got the Electricity meter and Water meter transferred in my mothers name.Also we are giving house Tax in my mother's name after my father's death. My mother also has made Registered WILL in 2005 in which she has stated that "if she expires before her husband(i.e my father) then all movable and immovable property will belong to her husband(i.e my father). and if her husband expires earlier than her than her than all movable and immovable property will belong to his son( i.e me)"
Answers (2)

Answer #1
703 votes
If it is a self acquired property like you state it is, it is not ancestral and hence may be disposed off or transferred in the name of any person by the holder(s) of the property by way of a genuine will. In your case, there seems to be no cause of concern whatsoever qua the apprehension of your sister claiming her share as in cases of a non-ancestral/self acquired estate, no automatic right to claim share accrues on any family member of the holder(s) of the property. It is transferrable freely by the will of the holder(s).
Answer #2
519 votes
Hello sir. I have perused your query. It is pertinent to note that since your father and mother purchased the property jointly, each had an equal stake in the same. It was possible for each party to only will their share in the property. The share of your father which devolved to your mother through a will is not self acquired in her hands. Accordingly, she cannot transfer her husband's share received through will entirely to you. Her share on the other hand can be transferred at her discretion. Please feel free to reach out to me in case you wish to discuss the matter in more detail.

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