• Property dispute

My father passed away 10 years ago and granted his home to my mother but also stipulated that after she passes away, the house is to be divided equally between my brother and me. I also have two sisters. Can they force the house to be divided equally among the 4 siblings?
Asked 1 year ago in Property Law from United States
1. The house appears to be self acquired property of your father,

2. if that is so then he can make bequest as regards the flat in any manner he chooses.

3. So in that event the Will creating Life interest in favour of mother and thereafter absolute interest in favour of you and your brother is valid and enforceable.

4. However the Will to make it enforce needs grant of Probate through a competent court of law. So in the probate proceeding your sisters may put opposition but once the Will is proved their objection goes.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. Did he execute a will wherein he stipulated that the house would be divided among you and your brother after the demise of your mother? 

2. If the answer to the above question is yes then the division will take place according to the will made by your father. Consequently, your two sisters have no legally enforceable share in the property. 

3. Your sisters can get a share only if they can prove that the will is illegal.

4. You should get the will probated.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) if your father has executed will and it is attested by 2 witnesses your mother has life interest in said house 

2) on your mother demise house would devolve on you and your brother . 

3) your 2 sisters wont have any share in said house 

4) apply for probate of will to preempt any challenge by your 2 sister at later stage
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi,
1. did your father make a WILL assigning the house to your mother during her life time, if yes you can divide it between you two brothers.
2. if there is a WILL and your sisters are asking for shares in a legal way get the WILL probated and with the  probate order you brothers can transfer the property in your names.
3. If the  assigning the house and the said  stipulation as you have mentioned in the query are orally done by your father, your sisters can go to court and ask for  a partition.. In Such situation , you defend yourself  to establish that your father wanted the property between you two brothers .
4. In short in the absence of any WILL or other testamentary document  all the children have equal right,
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Yes, she can depending upon the actual interpretation of the clause mentioned therein in your mother's favour. The life interest created in favour of the widow is often considered to be her absolute interest making her entitled to make fresh bequests in favour of another. Hence the Will is to be perused to make proper interpretation.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) if your mother has only life interest in the house she cannot make a will bequeathing house equally to all 4 children .

2) the will drafted by your lawyer has to be perused to advice .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, if the property of your father is self acquired property then he  can dispose of the property by way of will and as per the will you mother is  having life  interest  in the property after her death property will be partitioned to you and your brother.

2.  If the property is a self acquired property of  your father then your sister has no right to claim the property. If the property is an ancestral property then only they have right over the property.

3. Until and unless they have challenge the will they don not have right over the property suppose if they prove before the court that the will executed by your father is not  a valid will then only they have right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Assuming that the home was your father's self acquired property which he had bequeathed by way of a Will to his wife first and thereafter to his both sons.In Will,if there was any specific condition that daughters(your sisters) should be exempted from inheriting  any share in the property,so,your sisters can not claim any share in the said self acquired property,but otherwise they can.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Your mother can write a will of only her own share.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
A. What is the mode of grant the house in favor of your mother? Exam: by will or Gift or Sale.

B. I can presume your father granted the house by Will or Gift, Hence, your mother will become the absolute owner of the property subject to not an ancestral property of the same.

C. Your mother can make a Will as her own wish to any person.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1.   How did your father granted his home to your mother.  Is it through WILL or Gift Deed in your mother's favour while he was alive.
2.   If it is assumed that he had written a WILL, the same is valid if it is authenticated by 2 witnesses.
3.   Does the property now stand in your mother's name or still it continues to be in the name of your deceased father.
4.   Whether the property is your father's self-acquired property or ancestral one.
5.   If your father had died intestate and if it were to be a self-acquired property, then your mother and her children(two brothers & two sisters) i.e., each one will be eligible for 1/5th share.
6.   If the ownership is in your mother's name,based on the relinquishment deed executed by all her children in her favour, she can execute a WILL bequeathing the property to anyone or to all 4 children, provided your father's WILL is not available or else she can bequeath her share(1/5th) to any one or to any child/children or all 4 children..

Based on the answers to the above queries, the correct opinion can be given..
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. How has your father granted his home to your mother? Did he execute a Will?

2. If he had executed a will taking signatures of two witnesses, then your mother will have the life interest in his property and his house will be devided amongst both the brothers,

3. If there is no will executed properly, then your sisters also claim their shares in your deceased father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. The will of your deceased father is required to be seen for giving proper advice,

2. It appears hat your mother was allowed only life interest on your deceased father's property by him,

3. She was not bequeathed his property,

4. So, your mother can not execute any will in favour of anyone.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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