Dear Client,
On mother intestate death, both son will have equal right. Physical presence in the poreoprty dose not require.
Right to house not living in currently
2 brothers whose parents are alive 1st brother lives with wife and child in his own house. (House on loan) 2nd brother lives with wife and child along with parents in a house owned by mother. My question is: When the mother is no more and does not leave no legal will. Does the 1st brother have the right to this property as he does not physically stay there but he has been paying for the maintenance bills of the society and other utilities and has all his identity documents registered with that house address but does he not physically live there.
Asked 6 years ago in Property Law
Religion: Christian
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15 Answers
1) on mother demise intestate your father , you and your brother would have equal share in house
2) it is immaterial whether brother stays in said house or not
But if mother makes a WILL and is influenced to leave the property in the 2nd brothers name, is there any ground for contesting this as the 1st brother has been paying the society maintenance bills and other house utilities for several years.
Asked 6 years ago
Yes the first brother shall have equal rights over the property in this situation
1) it has t be proved by you that there are suspicious circumstances surrounding will
2) will has to be attested by 2 witnesses
3) if mother is not mentally fit it is ground to challenge the will
4) if will is executed under coercion or undue influence you can challenge the will
Mother can execute the WILL in any one`s favor and disown any child.
If there is will then the first brother has no right over the said property.
Legally the 1st son would not only have a legal share in the flat after the mother's demise but also a right to occupy
If there is a Will then that has to be proved by filing a probate petition
Dear Sir,
The first brother always have 50% share in the other property and if any will was shown by second brother then the first brother should say that it is created one. It is better to file a partition suit on the basis of documentary evidence saying that second brother is only on permissive basis staying in that house.
In your case Indian Succession Act will be applicable.
All legal heirs class 1 are entitled to claim equal share.
Other son can challenge the Will in the Court when Legatee ( your brother ) will file the probate suit for the sake of transferring the instrument/Will in his name during that time you can raise the points and also challenge the Will of your mother. You have one other option to file the suit in the appropriate Court and raise their right, title and interest over the property which is executed by your mother to one of your brother...
you can contest it on basis of her mental condition and fraud done by brother to induce her to make that kind of will.
1. yes he does have a right on the property, in case the mother passes away without a will
Ask the mother to make a registered will and if possible make the brother a witness to the said will and in such case it will not be possible for the brother to challenge the will
If this property ws owned by the deceased mother and she is reported to have died intestate then the property shall devolve equally on all her legal heirs.
Therefore all her children and her husband (if living) are entitled to a rightful share in the property left behind by the deceased mother.
There is no necessity for the elder son to live i that house to claim a share in that property.
If the mother had left a Will bequeathing the property on her second son alone, then he may get the Will probated through a court of law subsequent to which nobody can claim any share in that property including the first son.