Can my mother write will according to her wish? Sell the property?

We belongs to hindu religion...we are from andhrapradesh state..
my mother got some property.I explain how did she got property....

my mother's grand father(father's father) name is ramulu....he had self earned property.he has 3 sons and 3 daughters.
he died in 1947 without distributing property and he didn't write any will...
his sons names are somulu,kotayya and rajayya....somulu is his elder son.somulu got marry and he has 2 daughters.
somulu also died in 1950 due to health problems..by that time his 2 daughters are minors...their age is 4yrs and 2yrs...
after 1 year of his(somulu) death....ramulu's property devided into 3 parts and 3 son's took the their property and
they wrote settlement deed.In 1951 ramulu's other 2 son's kotayya and rajayya wrote settlement deed to somulu's family(somulu wife and
and 2 minor daughters) ...they wrote settlement deed like this...somulu's wife can only enjoy fruits of the property and
she can't sell,donate gift o anyone...after her death.. her daughter's get the peroperty they can have full rigjhts
(selling,donating ,gifting etc full rights).... like this they wrote settlment deed in 1951...
after that in 1987 ramulu's wife died and her 2 daughters got the equal property...one of the daughter is my mother..
my mother has 2 sons and 1 daughter...all are mojors now...my mother got 2 acre agricultire land and one commercial plot
my mother is paying taxes in her name....her age is 65 years now.
now my question is my mother can wrtie will accoring her wish? or
can my mother sell the property without her children singnatures? or
she can gift her whole property to only one son through gift deed? if it happned..can other children challenge the gift deed in court?

I contacted many lawyers in hyd...different lawyers are telling different opinions...
pls study my case and tell correct ans....pls help me

Asked 8 years ago in Property Law

Religion: Hindu

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6 Answers

1) property which has remained undivided for four generations would be ancestral property

2) in your case property has been divided among family members . deed of settlement has been entered into

3) your mother got her share in property on her mother demise

4) mother can bequeath property to whom soever she pleases

5) your mother can sell property without her children signature

6) mother can execute gift deed for her property

7) other children can challenge gift deed but they have to prove it was executed under coercion or undue influence

Ajay Sethi

Advocate, Mumbai

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Talk to Advocate Ajay Sethi

File a partition suit against your mother and other brother and sister claiming your share in the property along with petition to interim injunction from encumbering the property. what about your father?

Your mother can cannot execute any will, sale or gift the entire property. She can do these things only with respect to her share in the property.

Most probably they will come for settlement on y filing case

Buvaneswari

Advocate, Chennai

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2 different answers got.....which one is correct?

Asked 8 years ago

Deed of family settlement has been arrived st between family members . It is not ancestral property

Ajay Sethi

Advocate, Mumbai

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Talk to Advocate Ajay Sethi

1. This property is the separate property of your mother, which is at par with the self acquired property. As a corollary thereto, she is at liberty to execute a will of it in anyone's favour. She is also free to sell, gift or mortgage the property at her sweet will during her lifetime.

2. A gift deed or a will can be challenged either on the ground of lack of competency of the testator or donor, as the case may be, or that it was executed without free consent.

Ashish Davessar

Advocate, Jaipur

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my mother is paying taxes in her name....her age is 65 years now.

now my question is my mother can wrtie will accoring her wish?

Yes, this property belongs absolutely to your mother hence she can bequeath the property to anyone of her choice in any manner by executing a testamentary disposition, it can be registered or remain unregistered, it has the same value. She has full rights to dispose her properties in any manner she desires. .

can my mother sell the property without her children signatures?

This being yor mother's own an absolute property she can very well sell the the properties as per her own will and wish to anyone, she need not take the consent of permission or noc from her children or anyone for this act.

she can gift her whole property to only one son through gift deed? if it happened..can other children challenge the gift deed in court?

She can execute a registered gift deed or registered settlement deed also in favor of one son alone, the others cannot challenge the same. They do not have any rights in it to challenge the same.