My mother died in 2008 and the house/land is on my mother's name. My father remarried some years later but the house is still in my mother's name. 1. Who is the legal owner of the house now? Is it my father or me & my two sisters? 2. Can my father transfer it legally to my step-mother (without me and my sister's consent)? 3. In case if my father's demise, will my step-mother have a claim over the house?
On mother demise your father , you and your 2 sisters have equal share in house
2) father cannot transfer house to step mother
3) at most he can bequeath one fourth share in house in favour of step mother
4) father can during his lifetime execute gift deed for his one fourth share in favour of step mother
All have 1/4th share each.
No. Father can transfer only his 1/4th share.
Yes. In case of intestate demise of your father. Your father 1/4th share will inherit equally including step mother. She will get 1/4th share in father share.
1. All the legal heirs of your mother that is you , your sisters and father has equal share in the property in absence of will.
2. No
3. In case there is no will then step mother shall have right in father's share.
First it will get divide into 4 shares i.e. father, son, and two daughters equally 25% share ratio.
In 25% of father can transfer on the name of anybody step mother or you or your sisters name. He don't have to take NOC from any one.
Yes , after your father your step mother can ask share in the father's share but you 3 will also have sahre in the 25% sharing ratio again you all have to make 4 share in the 25% of father's share. Step mother and you 3 sibilings.
A.1. You all are co-owners to the extent of 1/4th share each.
A.2. To the extent of 1/4th share only.
A.3. Same as above I.e. 1/4th share only.
1. As per law, after the demise of your mother, her property would be devolved upon her legal heirs. i.e. husband ,son and daughter.
- Hence your father , you and two sisters having right over the property left by your mother, i.e. each will get 1/4 share of the property.
2. No, your step mother not has any right over the property left by your mother, but after getting his share 1/4th share , he can transfer the same to your step mother, but cannot touch others share.
3. After the death of your father his 1/4th share will be distributed amongst your step mother, you and two sisters.
- Hence she can claim only 4th part of 1/4 th share which your father got from his first wife, and noting more.
- It means without your consent nothing can be happen.
Good luck and dont forget to rating Positively.
You can contact me via kaanoon.com in Delhi
1. Your father.
2. Yes.
3. Yes.
Both you and father will have share in the same. If your mother had will then the share will be decided as per will.
He can't transfer it legally to step mother without your consent if he is not the sole owner.
She may have claim over his share if she is legally married
1. On death of your mother her children and husband inherit her property in equal share.
2. yes he can transfer his share to his present wife.
3. Yes as she inherit his share along with you as well in the house thereby making her a co sharer of the same house.
If a female dies intestate, her property devolves on her children and husband.
1) It is you, your two sisters and your father i.e., each one of you are entitled to 1/4 share.
2) No, your father cannot transfer entire property to his second wife, but he can Gift / Will his share to her.
3) Her share is restricted to 1/4 share of your father not entire house.
1. If your deceased mother is reported to have died intestate then the properties left behind by her shall devolve equally on all her legal heirs.
Since your father, you and your siblings are among the class I legal heirs to your deceased mother to succeed her properties, your father shall be entitled to a legitimate share in the said property as a right.
2. Since your father is one of the legal heirs, he can transfer his share in the property to anyone of his choice during his lifetime.
3. In case of your father's demise and he is reported to have died intestate, then his share of property shall again devolve on all his legal heirs which will include your step mother also.
You including with your father and sisters are the legal heirs to the property of your mother and that can be transferred to all of you increase you need to transfer this property in one and only then you have to get the relinquishment deals signed by the other titleholders and by filing a simple civil suit you can transfer this property in the name of the title holders willing to get the title.
Upon the death of your mother, if she has not left any will, her estate shall devolve upon her childrens and husband as her Class I legal heirs.
son,daughters consent required, he can transfer his 1/4 share only during his lifetime through gift or will.
she can claim share only in 1/4 along with son and daughters
1. If your mother died intestate then on her demise the house devolved through intestate succession on her husband and all children equally. The share of each heir is 1/4th if you have two sisters.
2. Your father is free to transfer his share to his wife.
3. If your father does not alienate his share during his lifetime and also does not bequeath it then your mother and all children of your father will succeed to his 1/4th share after his demise.
All 4of you are the owners of the house as you are the legal heirs of your mother. Your father cannot transfer your share in the property without your consent or with you giving a release deed.
No your step mother cannot claim any share in that property.
1. Legal heirs of your mother are joint owner of the house which include her husband( Your father) and you and your siblings.
2. No he cannot transfer the house on name of your step mother without consent of all legal heirs.
3. She can claim her share from share of your father if he dies intestate which will be divided among all legal heirs of your father.
The house belongs to you and your father and siblings. He cannot transfer the property. His new wife will have a share in his share but his children woukd also have a share.
1 house 4 shareholders.
1/4 share your father. After him his share woukd be divided into 4 shares. 3 you people and 1 his wife. If he has children from his 2nd wife then they too will have a share.
