Right to pass on property share
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 aged 87. We have a son and a daughter. 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. The son died in 2002, without leaving a will. My daughter is our only surviving child. The son is survived by his wife and three major daughters. I understand that the mother is entitled to 1/5th of son's share of property. Last 12 years, son's widow has flatly refused to support us or to give me my share. She is now saying she will do it, but adopting delaying tactics. My daughter and her husband have been maintaining us, eventhogh we did not give them anything. I am anxious to pass on my 1/5th share of the property to my daughter by a will or deed. The question is: can I will my share of the property to my daughter without a partition deed (which the daughter-in-law is avoiding)?
Thanks and Regards.
Rajendra K Goyal
(Expert) 12 June 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Right-to-make-will-of-property-share-without-partition-deed-541806.asp
Dr J C Vashista
(Expert) 13 June 2015
No reply for repeated query.
Consult a local lawyer for further advise, guidance and proceeding in a professional manner.
