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Author Topic: Can my mother sell the property or write will according her wish?  (Read 134 times)

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Offline sridhar

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Can my mother sell the property or write will according her wish?
« on: September 08, 2016, 02:24:25 AM »
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 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 to 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 somulu's wife died and her 2 daughters got the equal of the daughter is my mother..
my mother has 2 sons and 1 daughter...all are majors 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? if she sells the property without her children's  singnatures...can her children challenge in court? or
can she 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....

Offline adv.amarnath

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Re: Can my mother sell the property or write will according her wish?
« Reply #1 on: September 13, 2016, 08:49:41 AM »
It is not possible to give you accurate reply without seeing the Settlement Deed. But Basic law is if one person is an owner of a property, that person can do whatever he/she wishes to dispose of it in anyone's favour. No one has right to poke his or her nose in such transaction

Amarnath Sanyal
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