• Ownership of property

My father made a will according to which my mother will be owner of property after his death  and property will be mine after my mother's death .

a) Can my mother sell off the property  after death of my father  without my consent? ( My mother does draw a pension , as well as  gets house rents) the property is not ancestral.

b) If a) is NO   then what safeguard I can have so that she does not sell off without my consent.

c) Can I stake a claim to the part of property. ( The house on land was built by me  where I stay on ground floor and built first floor for parents to earn rent from it)

Regards
Asked 1 year ago in Property Law from Faridabad, Haryana
Religion: Hindu
1. The Will appears to be defective since if your mother becomes owner of the property after the death of your father, your father can not further express his will that after the death of your mother, you will get the property,

2. It may be that your father has given your mother living right for her life and after her demise the property will be bequathed by you,

3. If your mother has living right only, then she can not deal with the property in any way,

4. If the property has been bequeathed to your mother then she is the absolute owner of it and you can not lay any claim on it.

Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
1) it is necessary to peruse the wordings of the will to advice 

2) ordinarily if your mother has been made a owner of the property she would be able to sell the property . 

3) if your mother had life interest in the property she could only reside in the house but not sell the same 

4) in the event your mother seeks to sell the property you can seek to obtain a stay order from the court 

5) as on date you have no share in the property as it would only devlove on you on death of your mother
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1) the clauses of will cited by you mention that your mother would be entitled to rentals of the property and only if your mother predeceases your father you would be absolute owner of the property 

2) your sister has no share in the property as per your father will . 

3)you spent money of your own will in constructing house . it was never meant to be loan to your father 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. Your mother cannot sell the property without your consent after the demise of your father.

2. If she attempts to sell the property without your consent you can seek an urgent stay order from the court against the sale by your mother.

3. You cannot lay any claim until after the lifetime of your father and mother.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0


1. The intention of your father is to make you the ultimate beneficiary of the property.

2. If the will is struck down by the court the property will go equally to all the legal heirs.

3. If you have the necessary documentary proof to prove that you spent the money on construction of the house on the land owned by your father, you may claim the amount from him. However, this may make the will unenforceable.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
According to the will your mother has every right in the property.The allotment of share mention in the will is important aspect .Your sister has no allotment she could not get the same and also same like you.If the property has been bequeathed to your mother only  then she is the absolute owner of the property.

The clause mention according to query ;if your mother dies before your fathers demise then property will be yours.So in the contradictory situations claims over the property leads to further  litigation.   
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1.  You are giving the vital information in instalments,

2. The will is clearly in favour of your mother directly without any ambiguity,

3. The will never stated that he wantwed the property to be transferred to you,

4. It is only stated that in case of the death of his wife before him, the property will go to his son i.e. your goodself,

5. Since your mother survived him, the property of your father has been bequeathed to your mother making her the absolute owner of the said property,

6. Being the absolute owner of the said willed property, your mother can do whatever she wants with the said property for which you can not agitate or lay any claim,

7. The Will is perfectly valid and enforceable,

8. You can not do anything now to get any share of the said property excepting praying for it as a favour from your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
First of all how could you get the loan when you did not have the marketable title to the property? Did your father sign as a co-borrower? or you did?
As per will you mother has life time interest in the property but she is not having rights to sell the property because it will rest on you after her demise, therefore any move by her to sell the property without your consent will be held as invalid and illegal. 
Since he property has been properly settled, it cannot be intestate property that your sister can stake a claim in it.  Even your mother is not having any right except the life time interest in the property as per the will executed by your father. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0