my moms father has written a will of his self acquired property completely in the favour of my mom. my mom has one sister. he did not give a share to my moms sister because she does not have children and she is suffering from breast cancer which could lead to her death soon.my aunt has nw filed a suit. can u please tell me whether this case will favour my mom because its his self acquired property or my aunt because it is in voilation of her fundamental rights as per article 14 and 21 of the indian constitution?
2 Answers from Attorneys
Dear Sir / Madam,
If your grandfather is alive, he can register a Gift Deed of the property in the name of your mother. Since a Will has to be backed by a Probate from the Court to get the title of the property transferred in the name of your mother, summons will also be issued to your aunty by the Court, to check whether she has any objections to the title of the property in the name of your mother. The Court will take a note of her objections and decide on the fate of the title of the property.
if it is a self acquired property, your aunt's suit may fail.
Thanks and Regards
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