Situation : My father made a house through his own resources & as per the Will that he made before he expired it is in the name of my mother and after her death in my name, his only son. Fact : Father has died , mother is staying in the house. Questions 1.Does my sister gets any Right in that property? 2. Now or after my mother's death? 3. What happens in case my mother sells the house and wishes to give part of the sale value to my sister?
1. Your Sister does not have any right in the property since it is clearly stated my father is well that property would be inherited by you after your mother's demise.
2. She does not have any right.
3. Your mother cannot legally sell the property due to the condition in your father's will.
You should file petition for probate of will in Civil Court, so that your sister cannot raise any objections in future.
1. no
2. intestate succession is not applicable as there is a Will. Therefore sister will be excluded
3. mother has only life interest in house. She cannot sell. Ultimate beneficiary is you
1. Since has made a testamentary succession , no one excpet those mentioned in the Will shall have right over the proeprty. So your siister have no share in it.
2. However to give effect to this Will, you need a Probate to be granted from local court which would require NOC from your sisiter. if she she does not give then the Probate proceeding would become contentious and it would take some time to get it done on proof of genuiness of Will.
3. Keep good contact with the witnesses of the Will.
1)your sister has no rights on said proeprty
2) your mother has only life interest in the property and on her demise you would be absolute owner
3) mother cannot sell the house without your consent
1)After Execution of will in favour of mother and son excluding other legal heirs will not invalidate it.
2)After mother death you can probate will as per law.
3)She cannot sell the said property you can challenge in court.
Dear Client,
Dose mother have life interest and after her death property bequeath in you , if yes done sister has no right. Presently no claim.
If mother have life interest only than she has no authority to sell.
If father and daughter is alive at the date of amendment of 2005 then she will be entitled to the share ele no share. if your mother has specificaly bequeathed any property then she will have a share.
No , as per will after your mother's death you are the owner of that property
Your sister have no right on said property and your mother also can't sale because of condition in will by your father that is after your mother's death property is yours
1. No if there is will she will have no right on the property.
02. See if mother is given only life right in the will you are made owner after that so no she wont have right not know and not after that.
03. See if in will it is written mother has absolute right in porperty in life then she can do that,
1. No, she does not gets any right in this property neither at the present time, nor after the demise of your mother.
2. Your mother only has life interest in this property and she cannot create third party rights in this property during her lifetime by way of alienating the same.
If there is a provision in the gift deed that your mother cannot sell the property and subsequently after her death the property will pass on to you your sister will have no claim on the property your mother cancel the property only when you provide the no objection certificate to sell the property.
The conditions of the will is more important in this case to answer your queries properly
If the property was not transferred to your name by any deed during the lifetime of the property owner, then it will devolve equally on all the legal heirs of the deceased owner, therefore under that circumstances your sister would be entitled to a legitimate share in the property as a right.
How did your mother acquire the property of your father, whether by any specific deed or just like that, if second is the answer then she cannot be termed as the owner of the entire property, it shall devolve equally on all the legal heirs of your deceaed father.
all the three can sell the property jointly, not that your mother alone can sell it, all the three have to sign the registered sale deed.
