Yes, you can buy the property from A . You can get a Will or gift deed executed by her.Do not go for Will.
Absolute owner - selling the house
Testator (Dead) wrote following will. This will is written in favor of A (wife) B (son-Dead) and C (son). I hereby appoint my wife absolute owner of the house. She has right to cell property with consent of one of son. After her death B (son- Dead- survived the testater ) and C will be absolute owner. Question: Can I (C) buy the property from my mother using POA from mother. or my mother can write will in my favor
Asked 9 years ago in Property Law
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6 Answers
1. Is B survived by his wife and children? If yes, they will get B's share in the property.
2. If mother is alive she can sell, gift or make a will in respect of her share in your favour. She does not require the consent of B's legal heirs to sell her share.
1) it is your case that as per father will mother would be absolute owner of the flat . on her demise property would devolve on her 2 sons .
2) after demise of testator ( mother) A was absolute owner of the house . she is free to dispose of property with consent of any one son .
3) you have not mentioned when B died . who are his legal heirs?
4) on your mother demise property would devolve equally to B legal heirs and C .
5) mother as absolute owner can sell the house or execute gift deed if she so desire .
6) she can execute POA for sale of property .
7) she can also bequeath the house by will
1. It is not clear as to why it was written the after the demise of A, B & C will be the absolute owner of the property,
2. If A is made the absolute owner of the said property, then it is upto her to decide who she will bequeath the property to,
3. It appears that she had conditional right on the property which was bequeathed to B & C also,
4. If that is so, then B's legal heirs are entitle to B's share of the property,
5.So, as per me, if C buys the property from A without the consent of the legal heirs of the B, the said sale can be challenged by the legal heirs of B,
6. Moreover, probate shall have to be obtained of the said Will without which share of the property can be claimed by the legal heirs of B.
1. Now I have POA in my name from mother in which she relinquished all rights of property in my name. Can I transfer property in my name with POA. 2. I have a will from my mother bequeathing the property to me signed by two people on USA. After her death can I transfer property in my name without any problem from legal heirs.
Asked 4 years ago
1) for relinquishment of mother share in property relinquishment deed has to be executed by mother
2) it has to be duly stamped and registered
3) POA is to authorise you to create third party rights and not for relinquishment of mother interest in property
4) will can always be contested by legal heirs
5) best option for mother to execute gift deed in your name
1. If it is a registered POA from your blood relation being mother , you can register a deed of conveyance in your favour based on the said POA.
2. No, Grant of Prabate of the said will shall have to be obtained from the local Court in India for owning the said property.