Your mother can execute will bequeathing property to you and your brother
2) will should be attested by 2 witnesses
3) you can contact any lawyer on this website for drafting mother will
Moms property
Hello My mom is currently living in India and owns two properties and one bank account in her name. Myself and my only brother are living in Australia as Australian citizens. I would like to know if I need a will from her to claim for the properties (both properties with equal share for myself and my brother) or can claim it directly, after her life comes to an end. Do we need to organize any special documents? If yes, who would do that?
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
No will is required. After your mother's demise, the property would be inherited by you and your brother in equal proportion as the class 1 legal heirs of your mother, if there are no other class 1 legal heirs.
I will suggest you to get a gift deed or a will registered by her in the name of both sons or as you wish it to be distributed.
Your mother need to prepare the desired document and get it registered in the office of local sub registrar.
- Advisable to get the Will executed with an equal share or whatever way family decides which is called testamentary document.
- If the will not be executed, later it will create issues in term of property distribution and any agnates may also show his ownership provided any unregistered will given by your mother in his/her name.
Regards
Vivek Arya
You both will be legal heirs of her property after her. If anyone wants a specific rights on the property after her than can make gift deed or WILL deed.
After her intestate demise, you and your brother are only legal heirs, will inherit equally, half share each.
Property of your mother shall automatically devolve upon you and your brother equally after your mother died intestacy. No need of will if you believe mother will not prefer anyone of you.
1. she can make a Will if she wishes
2. in that Will she can bequeath the properties to any person of her choice
3. if she does not leave behind a Will then after her demise her properties will automatically devolve on her legal heirs who are her widower and children
4. she can also make a gift deed of her properties in her lifetime
She can make a conditional settlement of the properties. She can appoint anyone as a nominee to handle her bank account.
Regards
G.Rajaganapathy
You can tell her to draft her will and in the same tell her to give to the property. Or she can gift the same to you now.
Hi
WILL can be executed by her in presence of two attesting witnesses.
She can bequeath her properties in the said WILL in presence of said witnesses.
1. Afterv her demise all her legal heirs, two in the instant case, will automatically inherit her properties.
2. To prove that you are her legal heir, you shall have to obtain a legal heir certificate from the Counsellor of your local Municipal Corporation in India.
3. Once you obtain her legal heir certificate, you and your brother can claim equal share of your deceased mother's properties.
See if you and brother are only legal heirs to your mother then in that case you can directly claim the property you don't require the will though if there is registered will then procedure to.claim amount and mutation of property shall be easy.
Your mom can execute a registered will in favour of both son.
in case if she not executed after her life time you both legal heirs will inherit equally.
You can get a will from your mother of you want to.
Otherwise you both will get equal shares in the property even without any will from your mother.
In absence of will you need to apply for legal heir certificate and succession certificate to claim her assets.
Since you both are the only legal heirs to yor mother, you may get the properties divided equally between you both after her lifetime.
However it is advisable that you ask your mother to bequeath the properties on both of your names by a Will and get it registered so that there wont be problems for getting legal heirship certificate or any other legal issues on it in order to acquire the properties at that stage.
- Once the mother acquires any property through will or gift or by inheritance or it a self-acquiredproperty, she becomes the absolute owner of the same.
- Under Hindu Law, the property of a mother devolves as per the Hindu Succession Act, 1956 .
- Since you both are the only legal heirs , hence after her demise the property will be shared equally between both of you , but you will have to obtain Legal Heir Certificate for trasfering the same in your names.
- If, your mother is ready to transfer the said property , then she should execute a registered WILL in favour of You both .
- Bank Account : If your mother named you both , on the form provided by the bank, as the "payable-on-death" beneficiary of the account, Then after her demise you both can claim her account amount by presenting the Death Certificate , Otherwise you both will have to take succession certificate from the Court.
Good Luck and dont forget to rating Positively.
