Legal Question in Real Estate Law in
My father worked as a Andhra Pradesh state government employee and acquired some property(plots). In December 1997,he died because of Cancer.Around one month before his death,he wrote an unregistered will stating that upon his death , all his self acquired property(plots details mentioned ) goes to his wife i.e my mother .He also got acquired agricultural lands from his father i.e my grand father by way of will.My father divided that ancestral land by survey number vise into two parts one each for his two sons.But, he made a clause that if the sons have to sell that property, they have to take permission from his wife i.e my mother if she is alive and she can maintain those lands also.
In 2010 ,Out of my father's self acquired property which was given to my mother by will, she sold some portion and gifted remaining portion to me by way of gift registration.We are 2 sons and 3 daughters in our family.All married except me.Now my brother is asking half of the property which my mother got by will from my father. My sisters are also asking 1/6 th share in all properties .They are neglecting that the property which they are asking is sold or gifted.Can they challenge the sold or gifted property?If so, is there any time limit after the registration of sale/gift?
2 Answers from Attorneys
in case your father executed a will in the name of his wife and the property has also been sold, the sons and daughters can challenge the will only on the ground that the property was anestral and not self acquired.
it was self acquired property of your father. He could give it to any one including his wife by way of Will, which he did. Your mother, under the Women Right to Property Act (sec 14) became the absolute owner of that property. She had every right to sell the property in full or in part which she has done in part. She could gift the remaining portion to any one including her son which she has done to you. your brother or sisters will have no claim in this property. Other ancestral properties could not have been disposed by Will in favour of two sons. Your mother, two sons, and three daughters all will have equal right in it.
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I am a resident of Bhubaneswar. My father expired in the year 1998. We are four... Asked 8/28/10, 10:47 am in India Real Estate and Real Property
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