Will

Querist : Anonymous (Querist) 21 May 2010 This query is : Resolved
My friends mother has registered a will giving her house and vacant piece of land to her and her sister and leaving out her son (maaried and living in USA) on the gronds that he has not beeing supporting the family in India. Two daughters are unmarried. The property was built by the mother's earnings.
Now the brother is forcing the mother to give him also a share of land or bldg. Is it better to get the property registered in the name of daughters as gift from mother to avoid any further complications later on? Can the will be challenged by the son?

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A V Vishal (Expert) 21 May 2010
The son cannot claim since the property is the self acquired by the mother. Will can be implemented only upon death of the executor, however, if the will is registered the son cannot be successful even if he files a suit challenging the will. In best interests and to avoid future complications it is advisable to gift and register the properties in the names of the daughters when the mother is alive.

Guest (Expert) 21 May 2010
Yes. You are totally correct. It is better to execute gift deeds in favour of two daughters by the mother during her life time. Otherwise, will can be challenged on several grounds and he being NRI has a lot of money and can engage best of the advocates and snatch away the rights of the daughters.

Guest (Expert) 21 May 2010
Further to the right advice by the experts, add all the facts relating to circumstances for writing the Gift/Settlement Deed in favour of Daughters only, which will be helpful.

G. ARAVINTHAN (Expert) 22 May 2010
Is land self acquired property of mother?

Querist : Anonymous (Querist) 22 May 2010
Tks to all for timely advice

O. Mahalakshmi (Expert) 25 May 2010
If the property is self acquired by mother then, she has right to execute will as per her desire. The will may be registered or not no problem. It is better to Register a Gift deed in favour of the Daughter.

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