Yes, now mother can make will of her share, not of whole property because he is no more.

In father's selfowned property belongs to everyone now, means all children are legal heirs in the property.

Now you tell me still your mother want to make a WILL and registered with sub registrar as a between tester and beneficiary , a third person most of the time lawyer is the executor and 2 witnesses.

Property papers, stamp duty and registration fees, both the party, lawyer, witnesses, registered in sub registrar office.

On father demise intestate your mother, you and your siblings have equal share in property 

2) your mother can execute will for her share in property 

3) it should be attested by 2 witnesses 

4) engage lawyer for drafting will 

 1. If no  Will was executed by the father, then the property would be divided equally among the the surviving class 1 legal heirs of your father ie yourself, your mother and your siblings. Your mother cannot execute your father's will if he died intestate.

2. Your mother can execute will for only Her share in the property, which can be drafted by any advocate 

3. If your mother passes away without leaving a will, then share will be equally divided amongst all the surviving children.

1. See in case there is no written will this oral will cannot be enforced. All the legal heirs have equal rights.

2. See in case there is written will then you can file for probate of same.

3 In case of demise of mother her share shall be equally distributed.

1.  Will can be enforced by the beneficiaries of the Will.  IF Mother is the beneficiary of Will, THEN she can execute the will as per the wishes of the deceased mentioned in the Will.  Likewise other residual legal heirs /beneficiaries can enforce the Will too.

2. For transfer /mutation of immovable properties, Apply to the Tahsildar /Municipal authorities, with a notarized copy of the will and an affidavit /indemnity bond, to make the necessary changes in their records.

3. IF Mother demises without executing a WILL, THEN all her residual legal heirs would be entitled to all her properties, in EQUAL ratio.

1. It appears your father has not left any Will and whatever his wishes was that was expressed orally.

2. if that is so then all his assets is liable for division equally among all his large heirs .

3. Since there is five heirs , your mother is not entitled to more than 1/5th share which she can bequeath during her lifetime by way of Will .

4. If she dies without any Will then her share would be divided again among her children in equal shares.

Yes if she is the executor then she can

There should be a will. Then you need to probate it through court. 

If she dies without will then the property will be equally divided

Hi,

The procedure of making a Will is very simple. You need to consult a person who can draft the Will. Describe each and every detail to him and get the Will drafted. After this, get it registered at registrar office.

1. Has father made a will? If he has made it then property devolves according to will, else it devolves through intestate succession on his widow and all children (married or unmarried) equally.

2. Mother is free to make a will of her share in the property, but not beyond it. If she passes away without will then her share devolves on all her children equally.

Dear Madam,

It appears your father has not executed any will so you can settle the matter amicably or file a suit for partition under following provision of law :

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Section 8 of Hindu Succession  Act: 

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General rules of succession in the case of males.―The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:―

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

the person who dies without leaving a will is called an ‘intestate’. In legal terms, the son, daughter, wife and mother are all called Class-I heirs and the money or property would be shared equally among them. 

she can execute a will of her share only. 

consult a local property lawyer in this regard. 

her share shall be equally distribute between legal heirs. 

Yes mother can enforce his will.

You can approach sub registrar office for registration of property on name of brother and make you trustee of property.

You can file a petition for probate of will.

The will of father doesn't get effected by death of your amma. 

1.  Did your father leave any Will behind him bequeathing his proeprty to the beneficiaries named in the Will?

if so then the beneficiaries can enforce the same to acquire the proeprty by obtaining NOC from other legal heirs and apply for transfer of the revenue records of the property from father's name to the beneficiaries names.

2.  If there is no Will done by your father then the property shall devolve equally on all the legal heirs, in that case all the other legal heirs have to execute a registered release deed relinquishing their rights in the property in favor of the chosen legal heir(s), which will enable the chosen legal heirs to acquire the property.

3.  Your mother cannot write any will to this proeprty becasue she is not the absolute owner of the entire property, she  can bequeath only her share in the property to the chosen beneficiaries.