Property

Hi, 

 

Let me break this down to you as easily as possible. 

Your mother can have two types of property 

a. Self acquired and 

b. Ancestral

 

In both these cases, the property shall belong to her. 

Till her death, in case she decides to make a will, she can transfer all her properties to whosoever she choses. 

 

If she does not make a will, then the distribution of the property shall be dealt with in accordance with the Hindu/Indian Succession Act. 

 

For your query, even if, your mother makes a will and has excluded you, you always have an option to challenge the veracity and validity of the will before a court of law. 

 

We shall discuss that once we get there. 

 

For further discussions, feel free to connect. 

Yes, a mother who has self-acquired property — meaning property inherited from her parents or purchased in her own name — has the full legal right to dispose of it as she wishes during her lifetime. This includes the right to:

Gift it to one child,

Sell it to a third party,

Will it entirely to the younger son or someone else.

 

So, legally speaking, the elder son has no automatic claim to the property during the mother’s lifetime unless it can be shown that:

The property is ancestral or joint family property,

Or that he has made substantial financial contributions and was unjustly excluded.

 

However, if the elder son is being unfairly sidelined, and there’s indication of coercion, manipulation, or undue influence by the younger sibling or promoter, then specific legal remedies can be triggered — including:

Filing objections at registration or mutation stage,

Challenging the validity of any future will or transfer,

Initiating a civil suit for declaration, if facts support it.

 

Let me assess your situation confidentially and guide you with a precise legal route to safeguard your rightful share or protect against wrongful exclusion.

Regards 

Adv. Sanjana Basak

Dear Sir, your mother has full and absolute rights over this property during her lifetime. She can: Sell it Gift it to anyone she wishes (including one son and excluding another) Create a Will to bequeath it to anyone she wishes Mortgage it Do anything she deems fit with it, without needing the consent of her sons or anyone else. Can she totally exclude her elder son from all her properties? Yes, if she makes a valid Will. During her lifetime: She can dispose of her self-acquired property as she pleases. She can sell it, gift it, or transfer it to her younger son or anyone else. The elder son has no legal right to claim a share in it while she is alive. In your mother's case, if she dies intestate, both her elder son and younger son would have an equal right to inherit her self-acquired property (along with her husband, if he were alive, but since he is deceased, it would be between the sons). The fact that she didn't discuss issues with the elder son or that they are not on talking terms would not affect his inheritance rights in the absence of a Will.

Property received from her parents is the self acquired property of mother so she has every right to give her property to any person of her choice excluding elder son or both sons, it is her exclusive choice.