Hi, I am from Chennai and writing on behalf of my mother(as daughter)
Currently my mom likes to write a will for this property share(which is yet to be divided) to one of their legal heirs(one daughter & one son) and wanted to get a legal opinion as the property went through a series of events as mentioned below.
Firstly, the property was executed to my mom from a third party seller as a sale deed in the year 1986.
Again property was gifted to my father from mother as a settlement deed in the year 1989. For building the house, My father has mortgaged our property with the Government of India in the year 1990.
In 2004, My father went missing, untraceable till now, and In 2008, My brother and I had provided an affidavit, a no objection letter to Dad's office requesting a name transfer of property in favour of my mother. In the same year, Property ownership was transferred to my mother's name in the sub-registrar office with reconveyance deed.
Currently we would like to obtain my father death certificate through court, however brother has an objection and he wants to settle his share. therefore he asking us to put him as defendant party and would to like drag the case until my mother passes out.
Questions:
1. My mother wanted to write a will to of their 1/3rd undivided portion to daughter while they are in good health.
2. on the contrary, My brother does not want the property to be partioned now because it will be divided into 3 shares instead he would like to wait till my mother death and wanted to claim is one of share.
Thank you!
Asked 4 years ago in Property Law
Religion: Hindu
Hi All,
Thanks for responding!
The Reconveyance deed is a registered document(with signed, sealed & stickered) however its not done in stamp paper instead on normal paper. Also we approached an agent inside the sub-registrar office for writing a will but they are requesting my brother presence and dead certificate of my father. My brother settled in abroad and not responding our calls/actions since few of acquittances told him that his son would be inheriting the entire property as we have only daughter from our side.
Please advise me on above note.
Thank you!
Asked 4 years ago
