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.
Information needed
.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 hours ago in Property Law
Religion: Hindu
5 Answers
I am unmarried male 45 both my siblings are married My mother has not written a will as of now
Asked 2 hours ago
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
The house which has been given to your mother can be given by her to anyone as she pleases. She may write a will
siblings have no share in flat
I dont have copy of my fathers will But i read it it clearly tells that one house will be transferred to me after my mothers death I dont want my siblings to get share in my house after my mothers death What is the best and easy way out
Asked 1 hour ago
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.
