• Will from my father

House property is purchased in the name of my mother. After she expired father has written a will stating mother's wish and property should belong to younger son giving details of what are given to my elder brother and elder sisters. Will is registered and it's 22 years. Now I want to sell the property. Preparation of sale document has become a hurdle.
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

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

 

2) if property was in mother name father could not have executed will bequeathing property to younger son 

 

3) your siblings need to execute gift deed or relinquishment deed for their share in property 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

A will has to be filed in district Court for transfer of property to persons named in the will. This process is called probating of the will. After filing of the will, the Court will issue notices to all the family members and hear objections if any they have against the will. After that appoint an executor of the Court for execution of will who will transfer and register the property mentioned in the will in favor of beneficiaries of the will. Unless will is probated it is of no use. You have to file the original will in the court and give the names and addresses of all the legal heirs and persons interested. There is fixed fee for probate proceeding which not very high. But you have to bear the expenses of lawyer which  vary from lawyer to lawyer. It will take 3 months for probating will. File the will in City Civil Court, Hyderabad if the property is located in Hyderabad or in City Civil Court, Secunderabad if the property located there.  

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

A draft deed will be prepared by any Advocate and submitted to the Sub-Registrar. Both seller buyer and two witness with id proof are to be present before Sub-Registrar. Stamp duty is 5.50 per cent and registration  charge is 0.5 per cent of government  market value .

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

1. Assuming that your mother died intestate ( without executing a WILL ), then your mother's self acquired property would devolve equally to your father and all his children, i e., all sons and daughters.

2.  After your mother's death, your father's WILL bequeathing the entire property to one son is not legally valid, as he had only limited equal share along with other legal heirs. Hence at most he could have bequeathed his particular share to that particular son only.

3.  All your siblings have equal share in the property on par with you.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Your father's  bequest made in the Will insofar as the transfer of entire property to a particular child or children is not valid, because  your father is entitled to only one equal share at par with the other legal heirs of your deceased mother  who is reported to have died intestate leaving behind the said property for intestate succession.

If you are the named beneficiary of the Will and even if  the Will had become enforceable, until and unless the other legal heirs have executed a registered release deed relinquishing their rights in the property,. you may not be able to claim clear and marketable title to the property, hence this hurdle cannot be cleared for sale of property until the observed irregularity is rectified. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

This property originally belonged to your mother, registered on her name.

Therefore upon her death, if  she had not transferred the property to your father's name,  the property becomes eligible for intestate succession only.  Your father cannot assume to have got the entire property to his name and  make a Will to transfer the entire property to the person of his choice. 

Your father can transfer only his share in the property to the person of his choice.

If you are the named beneficiary of the Will and even if  the Will had become enforceable, until and unless the other legal heirs have executed a registered release deed relinquishing their rights in the property,. you may not be able to claim clear and marketable title to the property, hence this hurdle cannot be cleared for sale of property until the observed irregularity is rectified. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Client,

It is important to understand whether your mother died without a will.

However, for selling the property, it is advisable to have a relinquishment/release deed from your elder brother and sisters.

Thereby, upon such approval, you may proceed with the registration and transfer of property by consulting an Advocate. The learned Advocate shall guide you further with the process.

Thank you.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

Will is bad. Father could not have stated mother's wish in his will.

 

Will is inconsequential. Property belonging to your mother will devolve as per the laws of succession applicable to Hindus. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If it's self acquired property and transferred to son only son can sell it. No other person can. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- As per law after the death of your mother , her property devolved upon all the legal heirs i.e. her husband and children equally. 

- Hence your father cannot write a WILL for the entire property except his share , if the said property was in the name of deceased mother. 

- However, on the ground of WILL you can apply for mutation of the property in the name of beneficiary as mentioned in the WILL , and further can sell the same. 

- Further , for making the father single owner , you can release your share by way of executing a registered gift deed or relinquishment deed in favour of father. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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