1)letter to housing board would not be regarded as will
2) property has to be shared between you and your brother
Will a letter written in 1994 by the now deceased mother to a government agency a valid will?
Query related to a Housing Board house in the name of my mother. Was originally allotted to my father by Tamilnadu Housing Board on 30 Oct 1993,after his demise on 06 Aug 1993. My father had applied for the allotment while he was alive. Since my father had passed away when the allotment letter came to us, my mother had written a letter dated 18 Nov 1993, to the then Executive Engineer & Administrative Officer of the Tamilnadu housing board, Hosur Housing Unit, Hosur - Tamilnadu, to transfer the title of the house to my name. However, housing board had transferred to my mother's name on 19 Feb 1994. My mother passed away on 03 Jan 2016 with out writing any will. My younger brother and myself are the only two legal heirs for my parents. My question is can the letter written to the Executive Engineer & Administrative Officer of the Housing board be treated as her will to transfer the property in my name or it has to be equally shared between both of us the legal heirs?
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
NO, And even if she had executed WILL, she could bequeath her 1/3rd share. Brother 1/3rd share is intact and now on mother intestate demise, both have half share.
Dear Sir,
No, it is not considered as Will of your mother to transfer the property in your name. After the death of your mother the properties are equally shared between you and your brother according to law Hindu Succession Act Sec. 15.
Section 15 in The Hindu Succession Act, 1956
- General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the
The letter lost its purpose soon after the transfer. Now it has to be divided between the legal heirs .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
It can be treated as a will but the same has to be proved in court if any objection is raised by any other legal heir
It has to be equally share between you and your brother since letter cannot be treated as will and secondly it was written prior to the transfer of flat in her sole name.
no this letter has no value to be a will.
After the death of your mother the property will definitely go to both a few equally in case you want to transfer the property only in your name then you have to get a letter from your brother relinquishing his right on the property
As your mother has not left any Will, her estate shall automatically devolve upon her legal heirs by operation of law. You and your brother are entitled to an equal share.
the letter was written by your mother when the house was not allotted yet. Legally the house should not have been allotted in your mother's name. It belonged to your father and after him the house must have been equally shared by you all.
Anyways as the letter was before allottment it cannot be treated as a will and hence the house has to be partitioned.
Regards
Hello,
No the letter can not be treated as a will.
Will has to be written in a particular way in presence of two witnesses.
the property will now be divided as per the hindu succession act in absence of will.
regards
1. A Letter CANNOT be considered as a WILL, under any circumstances, since the condition for a Will is that the Will MUST COMPULSORILY be signed & witnesses by TWO persons. In present case the letter is not witnessed by two persons, hence such letter cannot be considered as a Will.
2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the residual legal heirs, wherein the property of deceased can be distributed amongst themselves.
3. Above process shall confer absolute Title-Ownership of the deceased's property to the residual Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
Since the property is in your mothers name. on demise of your mother property equally divided into legal heir class1.
1. Since your deceased father had applied for allotment of a house from Tamilnadu Housing Board and letter of allotment was received subsequent to his intestate death, then the property share would devolve equally to your mother and her children.
2. In the instant case, since your parents' are no more, the property would devolve equally to you and your brother, i.e., 50% each.
3. The letter written to the Executive Engineer & Administrative Officer, Tamilnadu Housing Board by your mother requesting him to transfer the house to you can't be treated as her WILL, since at that point of time she was not an absolute owner of the property, i.e., on the intestate death of your father, your mother and her children, viz., you 2 brothers are entitled to equal share in the property. In other words, your mother and 2 children are entitled to 1/3rd share in the property. At best, even if the letter written by her is treated as her WILL, she was legally entitled to execute the WILL to the extent of her share(1/3rd) and she had no right to have executed a WILL for others' share over the property.
The letter written by your mother to the executive engineer to transfer the property on your name was clearly rejected by the authorities concerned and the house was transferred to yor mother's name alone.
If at all she had the intention to transfer the property to your name, she could have done it anytime in that 22 years time when she lived after that, but she never did itt, which implies she never intended to transfer the property to your name anytime.
Moreover the letter written by her to some authorities can be considered as a letter only and not as a Will like you perceive it for your benefit.
Now since the proeprty is left behind by your mother upon her intestate death, shall devolve equally on both you and your sibling provided you both are the only legal heirs to your mother.
Your brother cannot be denied his legitimate share in the property for any reason.
The letter will not be considered as a Will written by your mother as will is to be signed by two witnesses when testator signs the will.
So the house will be divided equally among both the sons.
