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.My father is no more with us
My mother is still alive 
My father wrote a will that as following in his will 
One house will be given to me
Another house will be given to my brother
and one plot will be given to my sister of equal area 
All the three mentioned properties are of equal area
Can my siblings ask me to vacate my house after my mother s death
if my mother writes an will will it override my fathers will
can my sibbing's ask me to vacate my house after my mothers death
Asked 2 months ago in Property Law
Religion: Hindu

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22 Answers

If the property belonged to your father and his will is authentic and legal then the will shall be enforcement by the siblings including you. Therefore if the details of the properties have been mentioned act accordingly.

Rahul Mishra
Advocate, Lucknow
14121 Answers
65 Consultations

If you are absolute owner of flat your siblings cannot ask you to vacate flat on mother death 

 

your mother has no share in flat and cannot execute will in respect of flat bequeathed to you 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

The house which has been given to your mother can be given by her to anyone as she pleases. She may write a will

Rahul Mishra
Advocate, Lucknow
14121 Answers
65 Consultations

siblings have no share in flat 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

Your rights will depend entirely on the validity and contents of your father’s Will and the ownership status of the property.

If the house was self-acquired property of your father and he has clearly bequeathed one house to you through a valid Will, then after his death, the property will devolve as per that Will. In such a case, your siblings cannot ask you to vacate once your right crystallizes, subject to the terms of the Will.

However, since you have stated that the Will provides that the property will come to you after your mother’s lifetime, it appears your mother has a life interest (right to reside/use during her lifetime). After her death, absolute ownership should pass to you. During her lifetime, she cannot ordinarily override your father’s Will with respect to his property, unless the property was jointly owned or she had independent ownership rights.

Your mother cannot override your father’s Will by making her own Will in respect of property that exclusively belonged to your father. She can only make a Will for property that is legally in her own name or share.

Your siblings also cannot claim a share in that house if:

  • The Will is valid, and

  • The property was your father’s self-acquired property

However, since you do not currently have a copy of the Will, this is a critical risk. Without proving the Will, the property may be treated as intestate, in which case all legal heirs (mother, brother, sister, you) may claim equal share.

The safest and most practical steps for you are:

  • Immediately obtain a certified copy of your father’s Will

  • After your mother’s lifetime (or earlier, if needed), initiate probate proceedings (especially advisable to avoid disputes)

  • Ensure your possession and rights are properly documented

If you want to further secure your position, you may also ensure that:

  • Property records and municipal entries are aligned with the Will

  • Any future disputes are pre-empted through legal documentation

In summary, your siblings cannot force you to vacate if the Will is valid and enforceable, and your mother cannot override your father’s Will for his property. Your priority should be to secure and legally establish the Will.

Yuganshu Sharma
Advocate, Delhi
1340 Answers
5 Consultations

Dear client

If however your father executed a valid will clearly distributing separate properties (one property (a house) to you, one to your brother and one to your sister) then that will will govern the distribution of his self-acquired property. In such a case, your siblings would not be able to ask you to vacate your house after the death of your mother if the will specifically granted you with his house. However, as the will states the transfer will come into effect after the lifetime of your mother, probably what it means, is that your mother has a life interest (right to reside/use the property during her lifetime). After her death the property will go to you absolutely and your siblings will then have no claim over the property.

Your mother cannot override the will made by your father with the will made by her with regard to the property in question (such property being passed on to your mother in absolute terms by your father, i.e. complete ownership, before or after his passing away). She can only make a will for her own share or property and not assets already bequeathed by your father. To secure your position, the best practical thing that you can do is to obtain a copy of your father's will, make sure that it is legally valid (it is best for it to be probated if required) and keep proper documentation. This will protect your rights and avoid any future disputes with your siblings.

Anik Miu
Advocate, Bangalore
11250 Answers
126 Consultations

Ask your siblings for copy of father will 

 

 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

 

If mother is joint owner of property with you ask her to execute will in your favour 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

Sell the property if property is in your name  only 

 

if mother is joint owner she can execute will if she so desires for her share 

 

you can challenge will on mother demise on grounds she was not mentally fit or on grounds of coercion or undue influence 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

You are always at liberty to challenge the will on mother demise 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

Will is registered or not? If it is a registered will then it can be obtained. If not then ig can be challenged and by asking your mother to write a will.

 

Rahul Mishra
Advocate, Lucknow
14121 Answers
65 Consultations

No it can’t be claimed by them it can only be claimed by your children or wife 

Prashant Nayak
Advocate, Mumbai
34946 Answers
255 Consultations

The property bequeathed by your father in favour of the named beneficiaries shall become the absolute property of the beneficiaries, therefore your brother or other siblings cannot evict you from the property that was allocated to you and it is immaterial whether your mother is alive or not living.

She has no rights in the share of property allocated to you.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

If your mother is not owning any property then she cannot transfer any property which is not existing on her name.

Your marital status has nothing to do with this.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

You should get a copy of the registered Will directly from the sub registrar office and enforce the Will by applying for transfer of revenue records to your name even though your mother has been given life interest in the said property.

Since this property is allocated to you, it will automatically devolve on your name after the lifetime of your mother.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

You apply for certified copy of the Will before the concerned Sub registrar office.

Since this property is marked to you, your siblings have no rights in the property either during the lifetime of your mother or after that.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

Your mother is having only life interest in the property allocated to you hence even if your siblings force your mother to write a Will on their names, it will not be legally valid since you are named as the end beneficiary of the property bequeathed in your name hence your mother's Will either forged or forced or written out of her consent is not legally valid, you can get it nullified by filing a suit to declare it as null and void.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

Your mother is having only life interest in the property allocated to you hence even if your siblings force your mother to write a Will on their names, it will not be legally valid since you are named as the end beneficiary of the property bequeathed in your name hence your mother's Will either forged or forced or written out of her consent is not legally valid, you can get it nullified by filing a suit to declare it as null and void.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

In the event of your death, the property lying on your name shall devolve on your legal heirs, i.e., since you are unmarried and reported to have died intestate then the property on your name will pass on to your class II legal because your class I legal is not alive.

The class II legal heirs are the legal heirs of your deceased father.

If you don't want that this property to go to your siblings you can write a Will bequeathing the property in favour of any charity trust or anyone of your choice.


If your mother is attempting to write a Will bequeathing the property which is not on her name but on your name, you can challenge it properly in the court of law.

T Kalaiselvan
Advocate, Vellore
90562 Answers
2522 Consultations

On your demise your siblings are class 2 legal heirs 

 

you should execute a will 

Ajay Sethi
Advocate, Mumbai
100357 Answers
8201 Consultations

Dear client

Upon the death of your father, if your mother received the property as a sole proprietor, then she has the right to alter or draft her last will and testament any time while competent to do so. Even though she may have originally stated the house was for you, so long as she is competent to make a will, she can legally change it. Should your siblings exert undue influence, force or commit fraud in the process of making the will, you may contest that will in a court of law after your mother's death.

Because your mother is currently bedridden, you will want to ensure that any new will she makes is made free of all outside influences, and that it is executed in the presence of two independent witnesses, and preferably also registered. The act of registering the will is not mandatory, however, it carries a great deal of weight as evidence of the genuine intent of the testator.

In order to protect yourself:

You should file for probate (if permitted under the law of your state) or effectuate the mutation of the property into your name in the municipality's records, immediately upon your mother's death.

If you become the sole proprietor of the property and die without leaving a will, the distribution of that property will take place via the Hindu Succession Act of 1956, and your siblings shall also have an interest. Therefore, you should write your own last will and testament identifying to whom you wish the property to pass.

Best practices: preserve your records, act to register your last will and testament, and avoid ambiguity

Anik Miu
Advocate, Bangalore
11250 Answers
126 Consultations

The answer depends entirely on your father’s exact wording. If his will gave your mother only a life interest / right to stay and enjoy, and then gave the house to you after her death, your siblings cannot evict you from that house after your mother’s death. But if the will truly made your mother the “absolute owner”, then she can deal with that house as her own, and a later will by her can control it. A person can revoke or alter his or her own will at any time, but your mother cannot “change” your father’s will itself.

So, the most important step is to first obtain the will copy and check whether it gives your mother an absolute estate or a restricted estate. Under the Registration Act, after the testator’s death, a certified copy of a registered will can be obtained from the Sub-Registrar.

If any fresh will is made by your mother while she is bedridden, it can be challenged later on grounds like lack of mental capacity, coercion, or undue influence, but that challenge happens only after the document surfaces. The best protection right now is to secure the registered copy of your father’s will and get a local property lawyer to read it line by line.

Also, if you later become owner and die unmarried without making your own will, your property can devolve under the Hindu Succession Act, so you should make your own registered will after title comes to you.

Saurabh Agrawal
Advocate, Greater Noida
102 Answers

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