Right to make will of property share without partition deed
Devi Amma
(Querist) 12 June 2015
This query is : Resolved
We are a Hindu family from Andhra Pradesh. My husband passed away recently at age 89. I am now 87.
We have a son and a daughter. Son died in 2002. He is survived by his widow and 3 major daughters. He did not make a will.
My husband and our son partitioned their ancestral property in 1986. Son misused his father’s share for business finance and lost all of it. He also sold father’s self-acquired property. His own share of ancestral property is intact.
I understand that the mother is entitled to 1/5th of son’s share of property if he died without leaving a will.
All these years, my son and daughter-in-law flatly refused to support me & my husband. My daughter and son-in-law have been maintaining us, eventhough we did not give them anything.
I am anxious to pass on my 1/5th share of my husband’s annual property to my daughter by a will or deed.
The question is: can I will my share of the property without a partition deed (which the daughter-in-law is avoiding doing)?
Thanks for your advice.
adv. rajeev ( rajoo )
(Expert) 12 June 2015
You can make will for your share, but it is better if it is made by metes and bounds
Kumar Doab
(Expert) 12 June 2015
Agreed with experts.
You have equal share in estate of your husband and son.
How did son succeed in selling the self acquired property of his father without consent of the father (owner).
malipeddi jaggarao
(Expert) 13 June 2015
yes, you have equal share along with your daughter-in-law and grand children. You can make a Will without partition. But it is better to make a family arrangement before making the Will so that afterwards it will not a problem for your daughter's family to take possession of the demarcated property.
