Apni Law Staff asked 9 months ago
A man passed away in 2002 without leaving a will. He had a wife and five sons. The family home was transferred to the mother’s name with consent from all five sons. Two of the sons were married, and one had a young daughter. This son’s wife and daughter left the home after his death. The mother later created a will dividing the property among three of her sons. The will also included a provision for a specific amount of money to be given to the deceased son’s daughter. Now, the daughter is 30 years old. Does she have a claim on the property?
Best Answer
Apni Law Staff answered 9 months ago
The daughter has a claim on the property under the Indian Succession Act. As the deceased son’s legal heir, she is entitled to a share in the property, even though it was transferred to the mother’s name with consent. The mother’s will cannot disinherit the daughter entirely, and she can challenge it in court to claim her rightful share.
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