Is married daughter a legal heir?

According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein, daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will).

Who are eligible for mother’s property?

According to the order of preference mentioned under Section 15 (1), the property will go firstly to sons and daughters, including children of any pre-deceased son or daughter and the husband. Since your father is no longer alive, you and your brother will have the first right to your mother’s property.

Who are the legal heirs of a married woman?

Jajoo says, “Class-I heirs of a married woman are: sons and daughters (including children of any pre-deceased son or daughter) and husband. However, do keep in mind that wife of the pre-deceased son and husband of pre-deceased daughter will not be considered as legal heirs for such properties of a married woman.”

Can a daughter Challenge mother’s will?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

Can daughter claim mother’s property when mother is alive?

A daughter cannot claim her right during the lifetime of her mother. According to Hindu Law, a daughter has equal rights to a mother’s self-acquired property equally. The daughter can claim her right after the death of her mother on mother’s self-acquired property.

Can a mother deny property to daughter?

Under Hindu Law, a mother becomes the absolute owner of the property – whether she gets it through a Will or as a gift or by any other means. It becomes a self-acquired property for her. During the lifetime of the mother, married daughter has no right to seek her property.

Can mother sell property without consent of daughter?

If the property has been transferred to her by her husband and the document of transfer is registered then she is the absolute owner of the property. In her capacity as the absolute owner she can sell her property without the consent of her children.

Can a married daughter challenge father’s will?

In case a father has died intestate (without making a will), the property is divided among the legal heirs equally. Whereas, in case of self-acquired property, the father has a right to gift or Will the property to anyone he deems fit, and the daughter cannot raise an objection over such transfer.

Can children claim mother’s property?

During the lifetime of the mother, a son cannot claim any share in her self-acquired property. In the case of Hindus, A son can, therefore, claim a right in the self-earned property of his mother if the mother has died intestate. Both son and daughter have equal rights.