Daughter's share of house property
R.RAJENDRAN
(Querist) 25 May 2009
This query is : Resolved
My mother is 75 years old and my father is 84 years old. My mother has ancestral property(a house worthy of Rs. 60 lakhs in her name).My mother has 3 sons and 3 daughters and they are all married during 1979-1986.Can my mother write a will allotting more share of the house(share of the sales value of the house after her death) to her sons and less share of the house to her daughters?
MRS. Sumi Raj
Guest
(Expert) 25 May 2009
She can mention that as she has spent more on her daughters' marriage towards expenses and gifts, she has allotted more share to her sons. However, to avoid future conflicts in family, if feasible, try to go for a partition deed while your parents are alive.
SANJAY DIXIT
(Expert) 25 May 2009
I agree with the reasons made by Sri Sivasubramanian.
G. ARAVINTHAN
(Expert) 26 May 2009
Any person can write the will only for the property self acquired. In case of Ancestral property, she have no right to do
Guest
(Expert) 26 May 2009
I agree with Mr. Aravinthan Ganesan. The property she owned is the ancestral property and taking into the consideration of latest amendments in Hindu succession Act, 1956, both the sons and daughters have equal rights in the property. Neither the expenses in the marriage of daughters nor pious obligations of the sons, are valid reasons any more.
Y V Vishweshwar Rao
(Expert) 26 May 2009
I agree with learned friends opinions
The Property is ancestral proerty , execution of Will Deed is not correct , you can calim partiton durign the life time of your parents in the Ancestral proerties.
adv. rajeev ( rajoo )
(Expert) 26 May 2009
Ur mother can exeute the will to the extent of her share only according to her will and wish.
Jithendra.H.J
(Expert) 26 May 2009
the property mother acquired cannot be termed as ancestral property. it is her self acquired property, she can bequeath whomever she wants
Y V Vishweshwar Rao
(Expert) 27 May 2009
In the Query the nature of proerty is mentioned as Ancestral Proerty - the details to be verified & considered
Jithendra.H.J
(Expert) 27 May 2009
eventhough in the query it is mentioned as ancestral proprty, as the poperty is acquired by the mother, she is having absolute right over the property.
Guest
(Expert) 27 May 2009
Thanks Mr. Sanjay Dixit and Mr. Jithendra , you were the only persons who have supported the correct legal view. Dear Experts, hereby I re-produce Section 14 of Hindu Succession Act, 1956 :- "14. PROPERTY OF A FEMALE HINDU TO BE HER ABSOLUTE PROPERTY. - (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
EXPLANATION. - In this sub-section, 'property' includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after the marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her a Stridhana immediately before the commencement of this act."
