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Selvam (Others)     08 April 2012

Rights of legal heirs

My mother-in-Law is getting share along with sons and daughter from her husband after the latter's death. If she lives with one of her son, to whom shal the property she got from her late husband go after her death? Can she will it to one of her sons? Or her property after her death shall got her daughter or grand daughter. As one of her sons now tries to keep her with him with the expectation he can get her share after her death by fooling his mother who being old and no sense of impartiality because all her sons and daughter look after after her one way or other for the last 15 years. Someone may clarify it and I shall be grateful to you.



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 April 2012

After the father's death, in absence of a will, property vsted in mother and children in equal shares. The mother can now will/gift her part of the property to any one she likes provided her consent is free and voluntary. If she fails to do so - then all heirs take equally. 

Selvam (Others)     08 April 2012

Thanks a lot Mr Bharatji and Ashishji, my doubt is that since the mother only inherited from her husband even if she gifts her share to one of her sons and that share is as well known not earned by herself and thereby it becomes inherited property, if I am not mistaken, now, whether her grandchildren from her daughter's side can have right to claim the same or not after her death. Thanks again.


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