Widow wills to give all her husbands property only to her younger.

5 years ago

There are two sons and two daughters of a married widow. She wills to give all her husbands property (which is in her name) only to her younger son as her two daughters are married and her elder son is currently staying apart from them and totally not taking care of the mother and his younger brother. Can she transfer all her husbands property (which is in her name) to only her younger son's name.?

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Ramalingaiah Mulakatte

Responded 5 years ago

A.No.
Widow mother cannot give her husband's property to her one son to the exclusion of other son even if the other son is not taking care of her. She is required to divide it equally among all children.
If daughters are not interested in that property, then the property is to be divided between all the sons. However, daugthers' signatures will be required on partition deed.

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Sunaina Samal

Replied 5 years ago

Thank you sir.

ROBERT D ROZARIO

Responded 5 years ago

A.No, its not her self-acquired property. All the legal heirs are entitled to equally share the property.

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Sunaina Samal

Replied 5 years ago

Thank you very much sir

ROBERT D ROZARIO

Replied 5 years ago

Get NOC from elder son and both the daughters' or make a settlement deed in which her elder son and both daughters relinquish their rights on the property to her. Once this is done your mother can transfer the property by way of gift deed in your name. If the elder brother do not give NOC or enter into a settlement deed then gift deed shall be your mother's share and two daughter's share. Since your elder brother is not taking care of your aged mother, your mother can make file a maintenance petition under Senior Citizen Maintenance Act and get a monthly allowance of Rs 10000/- from her elder son.

Sunaina Samal

Replied 5 years ago

Thank you very much sir.

Manjula Shanmugasundaram

Responded 5 years ago

A.Again, what is really important is to see how the property devolved upon the wife. If there is no such document till now, the better idea would be to have the other legal heir to execute release deed in favour of their mother and then the mother can make a will in favour of that one son who is taking care of her.

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Ambrose Leo

Responded 5 years ago

A.The widow can will to any one of her will & wishes,provided she has received the Will from her husband to enjoy the property in all her life time without any condition can make a Will to her younger son.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.No she can't transfer proprty to particular son or daughter. Property will be transfer equally to all legal heirs. Because it's ancestral property and all legal heirs are successor by their birth.

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Sunaina Samal

Replied 5 years ago

Sorry sir. But that is not ancestral property. The husband of the widow had owened that property by himself. So now the property is in the name of the widow. Can now she give it to her younger son as she wished?

Ved prakash Shaw

Responded 5 years ago

A.According to law u can Will or transfer yours self acquired/stree dhan property to any one either son or daughter.In this case there is no restrictions but according to u,u have recorded the property of your husband in your name after his death.So if the property actually belongs to your late husband,then husband,s property will be divided equally among all the legal heirs of your late husband.U can only will or transfer only your share of the husband,s property in the name of your younger son

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Sunaina Samal

Replied 5 years ago

Sorry sir. Both the married daughters are not interested in that property and the eldest son is taking no care of his mother and younger brother. So the widow is willing to give that property to only her younger son as the younger is taking care of her from the day her husband died. So can she?

Sourav

Responded 5 years ago

A.yes, she can by way of register gift deed or will.

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Sunaina Samal

Replied 5 years ago

Thank you very much Sir.

Manjula Shanmugasundaram

Responded 5 years ago

A.You need to dispute the process of how it came to the widow's name absolutely. On the death of the original owner of property, it devolves upon all his legal heirs, unless he himself has executed a will or settlement etc.

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Sunaina Samal

Replied 5 years ago

Sorry Madam. Both the married daughters are not interested in that property and the eldest son is taking no care of his mother and younger brother. So the widow is willing to give that property to only her younger son as the younger is taking care of her from the day her husband died. So can she?

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