• My mom is skeptical to prepare will

Hi all,

My mom is 75 yrs old and has two children me(Younger son) & elder sister. She has a house which was built by me, but land and before construction old house is on her name. I was born and bought up in the same house, but post my marriage in 2005 I have moved out of house in 2007.

My elder sister has broken her marriage in 1998 and since then she was living with us with her 3 children. Two daughters (now age 24 & 20) and one son (age 15).

Now mom is very skeptical to prepare Will, even after i came out of house i have taken care of all medical & personnel expenses of my Mom. 

What conflicts i will face if my mom does not write will and passes away?
Am ready to share property but my sister may share but may not be willing to sold the house and share... what can i do if the situation is favor's her on mercy basis?

how do i approach to my mom for Will writing?

or does the property goes to my father after her ?

Thanks
Rakesh GC
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
what does she wants to write in will,  how does she became owner of the house,is it a self acquired property or ancestral property,kindly explain in detail
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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How you have to prepare your mother has to be decided by you alone. 

If your mother does not prepare a will then her entire property will be shared equally by you, your father and sister post her demise.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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Your father and sister shall be at liberty to sell their share in the event no will is left by your mother.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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in  case your mother dies intestate ie without a will house would be inherited by your father , you and your sister .in other words you would have 1/3rd share in said house . 

you can request your mother to prepare a will . she can bequeath property as she pleases .
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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your sister can on your mother demise file suit for partition claiming her  1/3rd  share . if you are unable to pay her share property may be required to be sold
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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