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kishore kumar   19 October 2020

father earned property

my mother is a housewife.
father purchased a property with his hard-earned money to my mother's name.
father expired.
we r 6 brother & sister.
can mother make a will in the name of a single child or can all brother sister claim in property for their equel rights in father earned property as per law?
many thanks.


Learning

 5 Replies

Devika S   19 October 2020

This is self acquired property , registered in the name of your mother. She can kept this property as self acquired till the end of her life and other members of family didn't have any right over this property during her life time. You acquired the right after her death because it's come under ancestral property.

kishore kumar   19 October 2020

Thanks a lot for your valuable opinion.

My question is - it's my father earned money and property purchased , registered in the name of my mother so 

Do my mother have rights to create a will in the name of a single child ? 

If she do so ,can rest 5 brother sister take any legal cover against that will? Otherwise they will loose their share.

Pl solve the problem.

Thanks a lot.

 

Devika S   19 October 2020

yes , she has the right to create a will in the name of a single child. it's not an ancestoral property . after her death your family members acquires birth right over that property.

kishore kumar   19 October 2020

Thanks a lot Respected Devika Mam.

As you suggested in first reply,that it's come ancestoral property.

I am bit confused as in second reply you mentioned that it's not ancestoral property.

We came to know that our youngest sister played emotional card and made mother agreed to create a will in her name only secretly. Sister and her husband has a bad intention towards rest 5 brother sister.

What if , after mother's  death, she alone transfer all property in her name & account on the basis of will?

How can we get our share if she became owner on the property on the basis of that will?

I think now you can understand our genuine problem and will give opinion accordingly.

Many thanks & regards

Devika S   20 October 2020

you can't claim over that property . it's still self acquired property . u r mother have only right over that property. if she prepared any will favour of any son/stranger, after her death property will go to them. you don't have any right over that. if you want right over that property approach your mother and make will in favour of your name or otherwise decide this matter with u r family members and then partition the property.

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