• Can I legally live in my house after my parents death

I have one brother and one sister.I am not in good terms with them.They are totally against me.
My parents have just died.They have left a house on my name in a registered will.
Can i live in that house before the probate of will legally.
Will I be the owner of everything that is present in the house.
will My siblings not harass me with the ownership of the house and the things that are present in the house which is on my name in the registered will.
Asked 1 month ago in Property Law
Religion: Hindu

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10 Answers

If your parents have named you in the will, nobody can evict you, not even your siblings. They don't have a valid and legal claim to the house. Yes you'll be the owner of everything in the house. 

They can at best challenge the will.

Rahul Mishra
Advocate, Lucknow
12142 Answers
29 Consultations

5.0 on 5.0

You can continue to stay in said house after your parents demise 


2) apply for mutation of house in your name 


3) enclose father death certificate, copy of registered will , latest receipt of payment of property taxes 


4) if no objections are received house would be mutated in your name 

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

Dear sir/ma'am,


Yes, you can live legally in that house. After the probate of will, you shall become the owner of the house to the extent what is mentioned in the will. Your degree of possession of the house depends upon the contents of the will, and if the will says that you shall possess everything present in the house, then definitely, you are the rightful owner of it.

However, it must also be noted that in case , your house is ancestral in nature, then your siblings can claim share of it. If it was the self-acquired property of your parents, then it might be difficult for your siblings to contest this in the court of law. Thank you.


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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

You are the owner of the house along with the other properties in the house as per the Will. 

You can very well reside and remain in the house whether you get the probate of Will or not. 

If they object then you may file a suit for permanent injunction against them to restrain them from interfering in your possession and enjoyment of the property. 


T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Since   you are the sole  heir  as per the Will you alone have the right to stay i in  the property.

Therefore if you are restrained in enjoying the same peacefully then file a suit for declaration and injunction. 

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

You have every right to reside in the house, it belongs to you. No one prevent you from residing the house even before probate proceeding. Everything in the house belongs to you. But will has to be submitted for probate within 3 years of death of mother.

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

Mutation of land is the change of title ownership from one person to another when a property is sold or transferred. Mutation is done to change or transfer the title entry in revenue records of a local civic body. You have to file the mutation application along with death certificate, legal heir ship certificate and original copy of Registered will.

You have every right to live in the house as per the will as well as succession.  No one can prevent you from residing the house.

Ajay N S
Advocate, Ernakulam
3766 Answers
80 Consultations

5.0 on 5.0

You will have to file a declaratory suit for a declaration that the Will is true and genuine, against your siblings 

You can enter into the possession of the house and also pray that you should not be dispossessed without the due process of law 

Yusuf Rampurawala
Advocate, Mumbai
6088 Answers
50 Consultations

5.0 on 5.0

Answer to all your questions depends on the mindset of your brother and sister. if they admit the execution of the WILL you will not have any problem to own the house. coming to the other articles or items that are available in the house, since those items are your parents property which are not mentioned in the WILL, those items have to be shared by three of you equally. if your siblings disputes the WILL itself, then basing on the said WILL you will have to approach the Civil Court at your place having jurisdiction and have to file the suit for declaration for the said house basing on the WILL and in such case burden lies on you to establish the genuinely of the WILL. 

Sricharan Telaprolu
Advocate, Hyderabad
98 Answers
14 Consultations

4.9 on 5.0

- As per law, if parents died intestate , then his property would be devolved upon all the legal heirs. 

- However, as your parents executed a registered WILL in your favour , then none can claim any right over that house .

- Yes, you can live in the said house , and accordingly apply for probate the WILL before the court. 

- No, If that WILL is only for house /property , then you cannot claim everything which is present in the house, and your siblings can claim their respective share into the same. 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

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