Can my sister claim property after my mother transfers it?
I live with my mother, and I am married. After my father’s death, my sister and I have equal rights over our mother’s property through a relinquishment deed. My sister is elder to me, unmarried, and does not live with us. My mother wishes to make a Will or transfer all rights to me, as she lives with me and is concerned that my sister might create issues in the future. Kindly advise whether my sister can still claim her share even if my mother transfers all rights to me.
- If a relinquishment deed by an heir was executed before the mother's death, it is void and does not bar the heir from claiming a share. - If executed after succession, it is binding unless vitiated by fraud, undue influence, or other legal defects. - The mother, as absolute owner, can transfer property exclusively to one son; however, such transfer may be challenged by another heir on the above grounds. - The success of challenging this trasnfer depends on proving invalidity of relinquishment, lack of mother’s title, or vitiating/voidable/unlawful factors in the transfer/will
Your mother is the current owner, so she has full rights to decide whom to give her property. She can either make a registered Will or execute a Gift Deed in your name. Once this is done, your sister cannot claim any share later. A registered document ensures complete legal protection. For further legal assistance contact us on our helpline number.
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