Right of inheriting by my sister of my mother's property
In 2007 I purchased an apartment with my Mother as a co-buyer with the entire financing from my Salary. We were a family of four, my sister and my parents. My sister had since married but now having a straining relationship with her husband.
I married in 2010, and my wife told me that my sister would have equal right to the share of the property my mother has.
Actually I have no issues giving any share to my sister, but unfortunately, I do not want her to be a bridge and the property being siphoned all the way to her husband who has no property in his name but keenly eyes on what ever my sister has and would have.
My question is, do my Mom needs to make a will so that I could inherit her share of the apartment I brought with her as the co-owner?
Asked in Property Law from Kolkata, West Bengal
yes if does not make a will ,after her death her share will be divided in between you and your sister
Advocate, New Delhi
Legally speaking you & your mother have joint ownership of the property and your mother can dispose off her share in the property in any manner as she likes. However, she can bequeath her share of the property only to you by writing the WILL in your favour so that you could inherit her share which you brought with her as the co-owner.In case she dies without writing a WILL in your favour, then her share of the property would devolve upon all the legal heirs equally, i.e., Your father, sister and you.
1) as on date your mother is 50%owner of flat .
2) in the event your mother does not leave any will your father and you would inherit her 50%share in flat .
3) best option would be for your mother to execute a gift deed during her lifetime wherein she gifts her 50%share of flat to you .
4) in the alternative she can make a will bequeathing her 50% share in flat to you
Since abolish of Benami Property Transaction Act in the year 1988,your mother is 50% owner of the said property,it does not matter who bear the expenses.If your mother died intestate(without making a WILL) then your sister will inherit equal share and can claim.So,now it is best option for you to became absolute owner, ask your mother to execute a registered Deed of Gift in your favour.Otherwise another option is your mother can make a WILL in your name as a beneficiary,but you have to file a Probate case after death of your mother and you should get granting certificate from the court.
1. Since the property was registered jointly in your and your mother's name she owns 50% of it. You are the owner of remaining 50%.
2. Your wife rightly told you that your sister would have an equal share in the portion owned by your mother. As an owner of her share she has the right to decide how the property will be distributed after her life time. Your mother can legally deprive her daughter of any share therein by making a will.
3. In the alternative she can make a gift deed of the entire property in your favour.